Delaware, February, 2005, State Case law

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State Courts - Delaware - February 14, 2005

Carter v. State, No. 387, 2004, SUPREME COURT OF DELAWARE, February 14, 2005, Decided
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Overview: Trial judge did not abuse his discretion in excluding evidence of the victim's previous involvement with prostitutes, in defendant's first degree robbery trial; although defendant claimed it was relevant to show the victim's bias toward defendant, he had not shown how such prior involvement would bias the victim against defendant.

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Korn v. New Castle County, Civil Action No. 767-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 14, 2005, Filed
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Overview: Although county's home rule powers under Del. Code Ann. tit. 9, ? 1101 allowed it to maintain cash reserves, it could not maintain them in amounts that exceeded those allowed by its own ordinance; furthermore, to extent county executive was involved, he violated Del. Code Ann. tit. 9, ? 1155 by usurping county council's appropriation powers.

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Peden v. Dentsply Int'l, No. 509, 2004, SUPREME COURT OF DELAWARE, February 14, 2005, Decided
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Peterman v. McCreary, No. 529, 2004, SUPREME COURT OF DELAWARE, February 14, 2005, Decided
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Regis v. Daimlerchrysler Corp., No. 413, 2004, SUPREME COURT OF DELAWARE, February 14, 2005, Decided
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Overview: An agency properly denied a worker's claim for workers' compensation disability benefits and medical expense reimbursement; the record demonstrated that the agency equally weighed the competing sets of testimony, and the record provided substantial evidence to support the conclusion that the worker did not suffer a compensable accident.

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Robinson v. State, No. 401, 2004, SUPREME COURT OF DELAWARE, February 14, 2005, Decided
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Overview: Where a record indicated that a sentencing court had complied with all statutory requirements and there was no showing of plain error affecting the hearing on a motion to correct an alleged illegal sentence under Del. Super. Ct. R. Crim. P. 35(a), a convicted offender was properly denied relief.

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Wisnewski v. State Farm Mut. Auto. Ins. Co., C.A. No. 03C-06-177 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 14, 2005, Decided
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Overview: Resident who claimed she was injured when the insured driver crashed a car through the resident's living room was entitled to make a claim under the driver's no fault insurance policy pursuant to Del. Code Ann. tit. 21, ? 2118, and the no fault coverage was applicable even if the resident did not meet the definition of a pedestrian.

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