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| Elec. Hose & Rubber Co. v. Nai, C.A. No. 02A-08-016,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 6, 2004, Decided
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Overview: Substantial evidence supported workers' compensation agency's assignment of responsibility for worker's fatal asbestos exposure to an employer; continuance to gather social security records was denied for good cause because of impracticability.
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| Schadt v. Latchford, No. 232, 2002,
SUPREME COURT OF DELAWARE, February 6, 2004, Decided
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Overview: Where a city charter mandated the city to repair and maintain sidewalks adjacent to private property, an ordinance improperly allowed the city to transfer the duty to the property owners; thus, an injured party was not entitled to summary judgment.
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| Washington v. State, No. 435, 2003,
SUPREME COURT OF DELAWARE, February 6, 2004, Decided
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Overview: A trial court did not abuse its discretion by denying defendant's request for a post-trial case review so that he could accept a plea offer by the State after he was convicted and sentenced, as there was no longer a plea offer to accept.
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| Brown v. State, No. 222, 2003,
SUPREME COURT OF DELAWARE, February 9, 2004, Decided
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Overview: Defendant's appeal was wholly without merit and devoid of legally arguable issues, as many of his claims were unsubstantiated or were not an abuse of the trial court's discretion; as the judgment was affirmed, counsel's motion to withdraw was moot.
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| Fisher v. State, No. 614, 2003,
SUPREME COURT OF DELAWARE, February 9, 2004, Decided
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| Fitzsimmons v. State, No. 441, 2003,
SUPREME COURT OF DELAWARE, February 9, 2004, Decided
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Overview: Where the court found no arguably appealable issues and determined that defendant's direct appeal lacked merit, it granted the State's motion to affirm the judgment of conviction, thereby rendering counsel's motion to withdraw moot.
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| In re Epperson, No. 549, 2003,
SUPREME COURT OF DELAWARE, February 9, 2004, Decided
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Overview: Where a review of a superior court docket indicated that the prothonotary had docketed a petitioner's prior motion to correct his sentence, as well as having docketed the denial of that motion, a petition for a writ of mandamus was rendered moot.
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| Prodromidis v. Burman, No. 409, 2003,
SUPREME COURT OF DELAWARE, February 9, 2004, Decided
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Overview: A father failed to prove by a preponderance of the evidence that the mother was in contempt for not permitting the parties' child to travel with him to Greece, as the parties' agreement regarding custody did not address the particular situation.
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| Thomas v. State, No. 226, 2003,
SUPREME COURT OF DELAWARE, February 9, 2004, Decided
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Overview: Where defendant refused to proceed to trial in his criminal matter because the trial court denied his request to subpoena many witnesses who were found to lack personal knowledge, the trial court properly proceeded in defendant's absence.
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