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   State Courts - Delaware - February 16 - February 20, 2007

  
In re State, No. 54, 2007, SUPREME COURT OF DELAWARE, February 16, 2007, Decided
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Overview: The State of Delaware's mandamus petition was denied where it failed to show that it had a clear legal right to require adoption of a per se rule that a defense attorney in a criminal matter was prohibited from advancing a mental illness defense in the guilt phase if such was opposed by defendant; no authority supported that position.

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Nyala v. State, No. 319, 2006, SUPREME COURT OF DELAWARE, February 16, 2007, Decided
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Overview: Because a probationer admitted violating the terms of his probation, and because the six-year sentence imposed by the trial court was well below the 17-year term that it could have imposed, pursuant to Del. Sup. Ct. R. 26(c), the probationer's counsel properly determined that the probationer could not raise a meritorious claim on appeal.

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Smith v. State, No. 43, 2006, SUPREME COURT OF DELAWARE, February 16, 2007, Decided
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Overview: The record supported finding a mildly mentally retarded juvenile's competency to stand trial, under Del. Code Ann. tit. 11, § 404(a), and that finding was not unreasonable, but he did not knowingly waive Miranda rights when he made a statement to police, because of his mental deficits and the fact that his mother was not with him in his interview.

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Watson v. State, No. 541, 2006, SUPREME COURT OF DELAWARE, February 20, 2007, Decided
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Overview: A summary denial of an inmate's third postconviction relief motion was proper under Del. Super. Ct. R. Crim. P. 61(i), as it was not timely filed, it was repetitive, there was no cause and prejudice shown for relief from the procedural default as to claims not previously raised, and no legitimate basis shown for excusing the procedural bars.

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White v. State, No. 237,2006, SUPREME COURT OF DELAWARE, February 20, 2007, Decided
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Overview: A trial court's summary denial of a crime victim's appeal from awards issued by the Delaware Violent Crimes Compensation Board was proper, as the victim either failed to exhaust his administrative remedies under Del. Code Ann. tit. 11, § 9008(a) by not seeking a hearing or his appeal was not timely under Del. Code Ann. tit. 11, § 9005(3).

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Wright v. DCSE, No. 593, 2006, SUPREME COURT OF DELAWARE, February 20, 2007, Decided
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