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   State Courts - Delaware - February 5 - February 10, 2003

  
Graves v. State, No. 460, 2002, SUPREME COURT OF DELAWARE, February 5, 2003, Decided
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Overview: Denial of a motion to acquit defendant on a charge of possession with intent to deliver a narcotic was proper where evidence indicated that he had dropped something into a sewer when he was stopped and the police recovered drugs from the sewer.

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Horne v. State, No. 363, 2002, SUPREME COURT OF DELAWARE, February 5, 2003, Decided
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Overview: Where chemist testified that scale that weighed cocaine was calibrated twice yearly, was working properly, and that weight of cocaine on each of three times was same, there was sufficient evidence to support trafficking conviction.

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Norcross v. State, Nos. 510/551, 2001 CONSOLIDATED, SUPREME COURT OF DELAWARE, February 5, 2003, Decided
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Overview: Death penalty statute was constitutional as applied to defendant, who murdered victim during robbery and burglary in presence of victim's wife and young child. Aggravating factors were overwhelming, despite defendant's remorse.

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Norcross v. State, Nos. 510/551, 2001 CONSOLIDATED, SUPREME COURT OF DELAWARE, February 5, 2003, Decided
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Overview: Trial court acted within its discretion in deciding that defendant's confession was voluntary, as defendant's statement that he wanted to know what his co-defendant had said was not considered to be an ambiguous invocation of right to remain silent.

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Caldwell Staffing Servs. v. Willingham, C.A. No. 02A-07-003 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 6, 2003, Decided
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Overview: Remand was required in an application for unemployment insurance benefits matter where it was unclear whether one party was informed by an agency representative that it could not cross-examine the employee, which could have violated due process.

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Conover v. State, No. 488, 2002, SUPREME COURT OF DELAWARE, February 6, 2003, Decided
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Hamilton v. State, No. 268, 2001, No. 293, 2001, No. 302, 2001, Consolidated, SUPREME COURT OF DELAWARE, February 6, 2003, Decided
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Overview: When it was not clear that a woman's attackers even knew she was pregnant until another assailant warned them, they lacked the requisite intent for manslaughter in the death of the victim's unborn child.

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Luciani v. Adams, C.A. No. 99C-06-185 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 6, 2003, Decided
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Overview: Doctor's motion for judgment notwithstanding verdict or for new trial was denied where jury could reasonably have concluded that doctor deviated from required standard of care, and doctor was not unduly prejudiced by hospital's late settlement.

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White v. State, No. 354, 2002, SUPREME COURT OF DELAWARE, February 6, 2003, Decided
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Overview: A motion for acquittal on a robbery charge was properly denied because the fact that the injury occurred after the theft and to one who was not the victim, but rather one who sought to help the victim, did not render the charge inapplicable.

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Paras v. Corr. Med. Servs., No. 370, 2001, SUPREME COURT OF DELAWARE, February 10, 2003, Decided
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