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| Booze v. State, No. 90, 2006,
SUPREME COURT OF DELAWARE, February 13, 2007, Decided
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Overview: Trial court did not err in finding state police affidavit in support of warrant to search defendant's home established probable cause; review of "totality of the circumstances" showed police had sufficient grounds to support reasonable belief that he had committed offenses against his neighbors and evidence of the same would be found at his home.
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| Boyer v. State, No. 629, 2006,
SUPREME COURT OF DELAWARE, February 13, 2007, Decided
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Overview: While a superior court denied defendant's motion for reargument under Del. Super. Ct. R. Crim. P. 57(d) relating to the denial of his motion for sentence modification for the wrong reason (substantive grounds), the denial was affirmed on appeal because the motion for reargument was not filed within five days of the denial.
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| La. Mun. Police Emples. Ret. Sys. v. Crawford, Civil Action No. 2635-N, Civil Action No. 2663-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, February 13, 2007, Submitted , February 13, 2007, Decided
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Overview: Because a corporation's directors delayed in disclosing certain material information, the corporation's shareholders would not be able to make an informed decision if they were required to vote within eight days; therefore, the court issued an order temporarily enjoining any vote concerning a merger between the corporation and any other party.
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| Smallwood v. State, No. 473, 2006,
SUPREME COURT OF DELAWARE, February 13, 2007, Decided
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Overview: Appellant was denied a request to extend the three-year limitations period for filing a motion for postconviction relief under Del. Sup. Ct. R. Crim. P. 61(i)(1) because the superior court was not permitted under Del. Super. Ct. R. Crim. P. 45(b)(2) to extend the time for taking any action under Del. Sup. Ct. R. Crim. P. 61(i)(1).
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| Atwell v. RHIS, Inc., C.A. No. 02C-12-003WLW,
SUPERIOR COURT OF DELAWARE, KENT, February 14, 2007, Decided
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Overview: Because provisions in a sales contract obligating the seller to provide a heating system that was in good operating order and repair and allowing the buyers to obtain an inspection were not ambiguous or conflicting, the seller was not entitled to judgment as a matter of law on the buyers' Del. Super. Ct. R. Civ. P. 50(b) breach of contract claim.
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| Atwell v. RHIS, Inc. , C.A. No. 02C-12-003WLW,
SUPERIOR COURT OF DELAWARE, KENT, February 14, 2007, Decided
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Overview: Because there was no inventory or appraisal of the destroyed items and no testimony about purchase price or replacement costs, the court found that the personal property damage claim was speculative and conjectural. Thus, the property damage claims were reduced.
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| State v. Dorsey, CR. A. NO: IN05-11-0688, I.D. No. 0511005415,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 15, 2007, Decided
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Overview: Manifest injustice did not bar summary denial of defendant's Del. Super. Ct. R. Crim. P. 61 postconviction relief motion because her guilty plea was knowing and voluntary, and statements that her plea was not coerced and that psychotropic medicine did not bar her understanding bound her because she showed no contrary clear and convincing evidence.
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| Walker v. State, No. 517, 2005,
SUPREME COURT OF DELAWARE, February 15, 2007, Decided
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Overview: Defendant's inaction on his motion to represent himself under Del. Const. art. I, § 7 was an abandonment of his initial request to represent himself. Defendant's admission to possessing a handgun before robbery and shooting at issue made more probable State's assertion that defendant threatened a victim with a handgun and was properly admitted.
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| Weiss v. Weiss, C.A. No. 1941-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 15, 2007, Decided
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Overview: Although Del. Code Ann. tit. 12, § 4503(a) on its face did not specifically allow for the delegation of the power to nominate a custodian, the better and more logical reading of the statute allowed such a delegation. This was consistent with the common law regarding powers of appointment and with the purpose of the Uniform Transfers to Minors Act.
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