Delaware, February, 2003, State Case law

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State Courts - Delaware - February 11 - February 12, 2003

Hurst v. State, ID # 0104005136, SUPERIOR COURT OF DELAWARE, SUSSEX, February 11, 2003, Decided
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Overview: Where the sentences imposed on defendant fell below the jurisdictional threshold created by the Delaware Constitution, the appellate court lacked jurisdiction to hear defendant's appeal.

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Johnson v. Chupp, CA No. 02C-04-304-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 11, 2003, Decided
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Overview: Summary judgment was granted to real estate agent and broker, acting as buyer's agent, in negligence suit for injuries from fall during property inspection, as buyer's real estate agent had no duty for safety of buyers while on seller's property.

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Nieves v. State, No. 352, 2002, SUPREME COURT OF DELAWARE, February 11, 2003, Decided
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Overview: A Delaware trial judge's reassuring comment to a child witness was not improper comment on the evidence; defendant's lack of a prior criminal record was not admissible to prove his good character in general.

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Rodan v. De-Lux Dairy Mkts., C.A. No. 02A-08-001, SUPERIOR COURT OF DELAWARE, SUSSEX, February 11, 2003, Decided
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Overview: Court upheld Delaware Unemployment Appeals Board's judgment that employee who left job because of concerns about health and safety was not entitled to unemployment benefits because she did not communicate concerns to employer before she quit work.

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Spence v. Div. of Family Servs., No. 217/224, 2002, SUPREME COURT OF DELAWARE, February 11, 2003, Decided
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Overview: Credible evidence that a mother knew her children were being abused by their father and others, and did nothing, supported a trial court's decision to terminate her parental rights and remove a new baby from the home.

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Tingle v. E.I. Dupont Denemours & Co., C.A. No. 02A-07-002, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 11, 2003, Decided
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Overview: Denial of a petition for additional compensation due, following carpal tunnel and elbow injuries, was supported by substantial evidence where employer's expert testified mild spondylitic changes in cervical spine were arthritic degenerative changes.

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State v. Wooten, Defendant ID No. 87S01528DI, SUPERIOR COURT OF DELAWARE, SUSSEX, February 12, 2003, Decided
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Overview: Because defendant admitted the evidence against him and that he committed the acts involved in a murder and kidnapping, defendant did not meet statutory requirements for postconviction DNA testing.

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