Delaware, February, 2003, State Case law

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State Courts - Delaware - February 13 - February 19, 2003

Mervine v. Logan, No. 65, 2003, SUPREME COURT OF DELAWARE, February 13, 2003, Decided
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Perkins v. State, No. 464, 2002, SUPREME COURT OF DELAWARE, February 13, 2003, Decided
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Overview: In prosecution of defendant for possession with intent to deliver a narcotic controlled substance and possession of a controlled substance within 1,000 feet of school zone, trial court properly denied defendant's motion for judgment of acquittal.

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Santiago v. State, No. 484, 2002, SUPREME COURT OF DELAWARE, February 13, 2003, Decided
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Overview: Where trial court re-imposed defendant's sentence for a violation of probation for possession of heroin, defendant's claim that such sentence was illegal was without merit, as it did not exceed statutory authorization or sentence originally imposed.

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Warrington v. State, No. 72, 2002, No. 74, 2002, CONSOLIDATED, SUPREME COURT OF DELAWARE, February 13, 2003, Decided
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Overview: Delaware's self-defense within dwelling defense required that an occupant be placed in immediate peril, at the time of use of deadly force, and did not apply where intruder was totally subdued, and was pleading with defendants to stop attacking him.

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Werner v. Miller Tech. Mgmt., L.P., C.A. No. 19721, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 13, 2003, Decided
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Overview: In limited partner's suit against limited partnership and its controlling entities, court dismissed claims against advisory board members for lack of personal jurisdiction, but did not dismiss breach of loyalty claims against other defendants.

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Werntz v. Kane, C.A. No. 01C-11-026-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 13, 2003, Decided
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Overview: Where neighbors attempted to extend a deed covenant for 20 years and it was only extendable in 10-year periods, the court did not err in finding that the extension was effected for the maximum allowed period, to wit., 10 years.

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Jones v. State, No. 486, 2002, SUPREME COURT OF DELAWARE, February 14, 2003, Decided
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Overview: Supreme court affirmed denial of defendant's third motion to modify sentence; it was repetitive, and parents' need for emotional and financial support after car accidents was not sufficient extraordinary circumstances to overcome 90-day time limit.

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Wallace v. Mountaire, No. 592, 2002, SUPREME COURT OF DELAWARE, February 14, 2003, Decided
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Fisher v. State, No. 429, 2002, SUPREME COURT OF DELAWARE, February 19, 2003, Decided
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Overview: Where a plea agreement did not promise a particular sentence, a trial court was not bound by the parties' recommendation; therefore, the actual sentence did not invalidate a plea agreement or render the plea involuntary.

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State v. Miller, ID No.: 0207018007, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 19, 2003, Decided
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Overview: Where a bail forfeiture law created an irrebuttable presumption based solely upon an arrest and precluded judicial consideration of other factors or evidence, it violated defendant's due process rights.

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