Delaware, March, 2002, State Case law

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State Courts - Delaware - March 18, 2002

Alston v. Witham, No. 607, 2001, SUPREME COURT OF DELAWARE, March 18, 2002, Decided
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Carriere v. Peninsula Ins. Co., C.A.No. 99C-02-210-JOH, SUPERIOR COURT OF DELAWARE, KENT, March 18, 2002, Decided
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Overview: Insured had five days to timely file motion for reconsideration/reargument; because she failed to do so, her motion was time barred.

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Coleman v. State, No. 214, 2001, SUPREME COURT OF DELAWARE, March 18, 2002, Decided
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Overview: A decision finding a juvenile to be delinquent was reversed; the trial court erred in amending the complaint, as the amendment required the juvenile to defend against elements of resisting arrest wholly distinct from those originally charged.

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Hood v. State, No. 340, 2001, SUPREME COURT OF DELAWARE, March 18, 2002, Decided
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Overview: Appeal by defendant who was found guilty of probation violation was totally without merit and devoid of any arguably appealable issue where witness testified defendant admitted to consuming crack cocaine and urinalysis tested positive for cocaine.

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Hooten v. State, No. 3, 2002, SUPREME COURT OF DELAWARE, March 18, 2002, Decided
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Overview: Defendant's petition for writ of habeas corpus, claiming that disability precluded his participation in program, failed. Because sentencing order was valid, and defendant was held pursuant to valid commitment, petition was denied.

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Kane v. Burnett, No. 380, 2000, SUPREME COURT OF DELAWARE, March 18, 2002, Decided
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Overview: Judgment accepting family court commissioner's reliance on Melson Formula to determine child support obligation was affirmed where there was no evidence suggesting that family court failed to review de novo decision of commissioner.

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O'Malley v. Boris, Civil Action No. 15735-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 18, 2002, Decided
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Overview: Brokerage firm had fiduciary obligation to customers, which it breached by failing to disclose how it acquired interest in joint venture, when recommending to customers that they switch sweep account funds into funds owned by joint venture.

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Superwire.com, Inc. v. Hampton, C.A. No. 19316, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 18, 2002, Decided
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Overview: Chancery court granted summary judgment to existing directors. Consent to remove and replace them was not executed by majority of voting shares since other voting preferred shares validly issued under certificate of designation were outstanding.

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Syed v. Hercules, Inc., No. 460, 2001, SUPREME COURT OF DELAWARE, March 18, 2002, Decided
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Washington v. State, No. 217, 2001, SUPREME COURT OF DELAWARE, March 18, 2002, Decided
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Overview: The trial court's denial of defendant's motion to dismiss did not violate defendant's double jeopardy rights; double jeopardy had not attached at the time that defendant requested and was granted a mistrial because of a Batson violation.

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