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| Barnett v. State, No. 085, 2005,
SUPREME COURT OF DELAWARE, February 9, 2006, Decided
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Overview: Trial court abused its discretion in admitting evidence of several uncharged sexual offenses against the alleged victim, during the State's case in chief, after it presented direct evidence that an attack occurred, without regard to the balancing test under Del. R. Evid. 403, as no evidentiary purpose was served by the other acts evidence.
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| In re Serena Software, Inc. S'holders Litig., Civil Action No. 1777-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, February 9, 2006, Submitted , February 9, 2006, Decided
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Overview: Because the stockholders' disclosure claims had not been addressed by either the company's proxy or a memorandum of understanding and because the Delaware action was filed concurrently with a California action, the court granted the stockholder's motion for expedited proceedings that were limited to the claims that had not been addressed.
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| Quill v. State, Def. ID # 0412005166,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 9, 2006, Decided
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Overview: Testimony was sufficient to support conclusion that bus driver turned on amber lights of school bus approximately 10 seconds before stopping as required under Del. Code Ann. tit. 21, § 4166(b)(2). Defendant testified that traffic was creeping, and mother and bus driver testified that amber lights were on well before driver reached stop.
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| UniSuper Ltd. v. News Corp., Civil Action No. 1699-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, February 9, 2006, Decided
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Overview: Court granted motion to allow depositions of non-U.S. plaintiffs be taken via video conference because the non-U.S. plaintiffs would have to incur significant time and expense to travel to the United States for their depositions, and there was no showing that a video conference deposition would be prejudicial.
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| Walker v. Walker, No. 37, 2005,
SUPREME COURT OF DELAWARE, February 9, 2006, Decided
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Overview: Because a parent's right to seek court-appointed counsel was the same regardless of who initiated a termination proceeding, the court had to advise parents of their right to seek the same and determine whether to appoint counsel. Thus, the family court's failure to abide by this duty, which caused a disadvantage to a father, was reversible error.
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| Cingular Wireless v. Sussex County Bd. of Adjustment, C.A. No. 05A-06-001,
SUPERIOR COURT OF DELAWARE, SUSSEX, February 10, 2006, Decided
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Overview: Where a wireless communication company failed to provide evidence that a proposed use of land would not affect neighboring properties, a county board of adjustment's denial of its special-use exception application for purposes of erecting a telecommunications monopole was proper.
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| Estate of Stewart v. Baker, Civil Action No. 2296-S,
COURT OF CHANCERY OF DELAWARE, SUSSEX, February 10, 2006, Decided
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Overview: Although an estate's lackadaisical approach to litigation was regrettable, the court declined to grant a transferee's Del. Ch. Ct. R. 41(e) motion to dismiss for failure to prosecute because nothing in the record suggested that the delay was the fault of the administration of the estate.
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| Ramunno v. Capano, C.A. No. 18798-NC,
COURT OF CHANCERY OF DELAWARE, KENT, February 10, 2006, Decided , February 10, 2006, Filed
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Overview: In a dispute over the fair value to be paid to trusts for their interests in an LP that had been merged into a new LP, the court accepted the conclusions of defendants' expert, finding the fair value of the subject real estate was $ 23,711,232. The trustee was entitled to the fiduciary duties conferred on the original LP's limited partners.
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| State v. Davis, I.D. NO. 0506003825,
SUPERIOR COURT OF DELAWARE, KENT, February 10, 2006, Decided
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Overview: Defendant's motion for a judgment of acquittal was denied, because a five-year limitations period did not apply to crimes allegedly committed against the victim in question, because Del. Code Ann. tit. 11, § 205(e) (amended 2003), excluded the alleged sex crimes from the limitation period.
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| State v. Hinson, I.D. No. 9804020279,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 10, 2006, Decided
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Overview: Defendant was not entitled to relief from an aggravated menacing conviction based on her guilty plea under Del. Super. Ct. R. Crim. P. 61, as she was no longer on probation for the conviction and she sought relief after an applicable three-year time limit. She was not entitled to relief under a writ of coram nobis, as this writ had been abolished.
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