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   State Courts - Delaware - February 4, 2002

  
Burns v. Panzier, Civil Action Number 2000-07-219, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, February 4, 2002, Decided
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Overview: An accident victim's motion for re-argument was denied because the victim's own exhibits stipulated into evidence failed to convince the court by a preponderance of the evidence that the victim's cyst was causally related to the accident.

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Dixon v. State, No. 375, 2001, SUPREME COURT OF DELAWARE, February 4, 2002, Decided
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Overview: The trial court properly sentenced defendant upon a finding that defendant violated his probation, and defendant's claims that he was entitled to legal representation and that breathalyzer evidence was insufficient were without merit.

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Drake v. State, No. 45, 2001, SUPREME COURT OF DELAWARE, February 4, 2002, Decided
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Overview: Defendant's postconviction relief petition was properly denied, because many of defendant's procedural claims were barred, and the State properly chose to prosecute defendant in superior court rather than in family court on an incest charge.

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Elliott v. State, No. 554, 2001, SUPREME COURT OF DELAWARE, February 4, 2002, Decided
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Overview: Where defendant's ineffective assistance of counsel claim had previously been considered by trial court, it was procedurally barred as repetitive and as formerly adjudicated.

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Felicetty v. State, No. 130, 2001, SUPREME COURT OF DELAWARE, February 4, 2002, Decided
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Overview: There was adequate support for finding that defendant had committed probation violation. Under circumstances of defendant's arrest on drug charges, there was no merit to claim that he had insufficient notice of nature of alleged violation.

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In re Evans, No. 586, 2001, SUPREME COURT OF DELAWARE, February 4, 2002, Decided
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In re Manis, No. 573, 2001, SUPREME COURT OF DELAWARE, February 4, 2002, Decided
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Overview: Defendant could not invoke the extraordinary writ of mandamus process as a substitute for further appellate review where he failed to demonstrate that the superior court arbitrarily failed or refused to perform a duty owed to him.

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Jamison v. State, No. 158, 2001, SUPREME COURT OF DELAWARE, February 4, 2002, Decided
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Mark Prods. v. Stuffit of Long Island, C.A. No. 18982, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 4, 2002, Decided
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Overview: Where first request to schedule motion for preliminary injunction was more than six months after case was filed, and there was no showing that threat of irreparable harm was different than when case was filed, preliminary injunction was denied.

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Morales v. St. Francis Hosp., Superior Court CA No. 01A-05-005-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 4, 2002, Decided
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Overview: Industrial accident board did not have to give employee time for job search before ending total disability benefits, and she was not entitled to grace period to look for work. Board could rely on medical opinion based on substantial evidence.

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