Delaware, February, 2009, State Case law

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State Courts - Delaware - February 19 - February 20, 2009

Binaird v. State, No. 240, 2008, SUPREME COURT OF DELAWARE, February 19, 2009, Decided
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Overview: Trial judge did not abuse her discretion and deny defendant his right to confrontation under the Sixth Amendment by curtailing defense counsel's questioning of the assault victim that became argumentative over the use of the word "substantial" as to whether the victim suffered substantial pain under Del. Code Ann. tit. 11, ? 222(24).

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Mathis v. State, No. 427, 2008, SUPREME COURT OF DELAWARE, February 19, 2009, Decided
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Overview: Defendant's motion for postconviction relief from a conviction for murder in the second degree was properly denied because defendant did not show ineffective assistance of counsel in that defense counsel's failure to request an instruction for imperfect self defense under Del. Code Ann. tit. 11, ? 470(a) did not prejudice defendant.

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Ragland v. State, No. 46, 2009, SUPREME COURT OF DELAWARE, February 19, 2009, Decided
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Steed v. State, No. 535, 2008, SUPREME COURT OF DELAWARE, February 19, 2009, Decided
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August v. August, C.A. No. 3180-VCS, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 20, 2009, Decided
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Johnson v. State, No. 34, 2009, SUPREME COURT OF DELAWARE, February 20, 2009, Decided
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Montgomery v. Achenbach, No. 77, 2009, SUPREME COURT OF DELAWARE, February 20, 2009, Decided
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Patel v. Patel, C.A. No. 07C-07-020 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 20, 2009, Decided
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Overview: A legally enforceable contract was not created between brothers where they had intended to take a signed settlement agreement to an attorney for formalization, all of the key terms were not included in the agreement, and the parties continued negotiating the terms after the agreement was signed.

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