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   State Courts - Delaware - February 8 - February 13, 2001

  
Jackson v. State, No. 433, 1999, SUPREME COURT OF DELAWARE, February 8, 2001, Decided
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Overview: Denial of defendant's postconviction relief motion seeking to overturn his guilty verdict and death sentence was affirmed, despite the State's Brady violation, as the evidence against him was overwhelming.

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State ex rel. Sec'y of the DOT v. Baynard, C.A. No. 97C-10-045, C.A. No. 97C-10-046, SUPERIOR COURT OF DELAWARE, KENT, February 8, 2001, Decided
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Overview: State was entitled to summary judgment in condemnation action, where defendants waived "uneconomic remnant" issue by failing to raise it in their answer, and in any event parcel in question was not an uneconomic remnant.

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State v. Didomenicis, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, SUSSEX, February 8, 2001, Decided
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Overview: Where a motion seeking a second suppression hearing was filed so close to the final case review date and trial date as to make it practically impossible to rearrange court schedules, much less the burden on the witnesses, the motion was denied.

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Gentile v. Singlepoint Fin., Inc., C.A. No. 17755, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 9, 2001, Decided
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Overview: Plaintiff's motion for reargument of the denial of his motion for advancement of costs in his suit against defendant company was denied, as it had no basis in law or fact.

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H.K. Griffith, Inc. v. Bethard, C.A. No. 00A-06-003-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 9, 2001, Decided
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Overview: The Delaware Unemployment Insurance Appeal Board's decision to grant appellee unemployment benefits was improper, because the board erred in excluding relevant evidence concerning appellee's pattern of absenteeism.

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Klink v. Shahan, C.A. No. 99-11-012, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, February 9, 2001, Submitted , February 9, 2001, Decided
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Overview: Decision in license revocation proceeding was affirmed where there was substantial evidence to support hearing officer's conclusion that driver refused chemical test.

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Mooney v. Shahan, C.A. NO. 00-02-090, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, February 9, 2001, Decided
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Overview: Driver was not prejudiced by alleged deficiency of an incomplete record, and absence of a complete record was not the same as absence of any record. Nor was he prejudiced by the absence of police officer's notes at the hearing.

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State v. Burton, Court of Common Pleas C.A. No. 9701004864, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, February 12, 2001, Decided
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Overview: While there were clearly some issues about defense counsel's approach to the proceedings, he did not the commit offenses charged. However, failures did not influence guilt phase of trial or affect sentence imposed.

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Ganski v. Sussex County Zoning Bd. of Adjustment, Civil Action No. 00A-02-002, SUPERIOR COURT OF DELAWARE, SUSSEX, February 13, 2001, Decided
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Overview: Delaware zoning board did not abuse discretion in denying application for medical special use exception where applicant presented no evidence that adjoining properties would not be adversely affected.

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State v. Ifriqi, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 13, 2001, Decided
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Overview: Motion to suppress statements made to police was granted where, given degree of defendant's obvious intoxication, court found that defendant did not knowingly and intelligently waive his Miranda rights.

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