Delaware, February, 2006, State Case law

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State Courts - Delaware - February 17, 2006

Chrin v. Ibrix, Inc., C.A. No. 20587, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 17, 2006, Decided
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Cubbage v. Carroll, C.A. No. 05A-09-007 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 17, 2006, Decided
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Overview: Where inmate did not perfect appeal within 30 days as required under Del. Code Ann. tit. 10, ? 1326(b), appeal was dismissed. Inmate's earlier attempt at appealing was properly rejected for violating Del. Super. Ct. R. Civ. P. 72(c), and that attempt did not provide appellate court with jurisdiction since prison officials did not have notice of it.

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Dorsey v. O'Neal, No. 325, 2005, SUPREME COURT OF DELAWARE, February 17, 2006, Decided
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Johnson v. State, No. 37, 2006, SUPREME COURT OF DELAWARE, February 17, 2006, Decided
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Keyser v. State, No. 238, 2005, SUPREME COURT OF DELAWARE, February 17, 2006, Decided
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Overview: Denial of request for presumption of innocence instruction based on federal pattern instruction was not error as state pattern instruction accurately stated law and did not lower state's burden. While judge should not have made sarcastic remarks to counsel in front of jury, error did not violate right to fair trial given overwhelming evidence.

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Saunders v. DaimlerChrysler, No. 524, 2005, SUPREME COURT OF DELAWARE, February 17, 2006, Decided
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Overview: There was substantial evidence to support the decision of the Industrial Accident Board terminating an employee's total disability benefits where he had no expectation of continued employment and he was not a displaced worker because he had failed to seek employment elsewhere; case precedents were correctly applied.

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State v. Arnold, Def. ID # 0406020936, SUPERIOR COURT OF DELAWARE, SUSSEX, February 17, 2006, Decided
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Overview: A trial court erred in suppressing evidence in defendant's criminal matter, wherein he was charged with a violation of Del. Code Ann. tit. 21, ? 4177(a), as under the totality of the circumstances, the officer had probable cause to arrest defendant due to observations about defendant's appearance, behavior, and conduct on field sobriety tests.

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