Delaware, February, 2006, State Case law

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State Courts - Delaware - February 21, 2006

Bailey v. Acme/Asco/Albertson's Inc., C.A. No. 05A-04-006-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 21, 2006, Decided
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Overview: The customer properly served the grocery store. The sheriff's return indicated that the sheriff had effected service in accordance with Del. C.P. Ct. Civ. R. 4(f)(III) and Del. Code Ann. tit. 8, ? 321(a), and the store's conclusory argument that service was improper was insufficient to rebut the presumption in favor of proper service.

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Eley v. State, No. 357, 2005, SUPREME COURT OF DELAWARE, February 21, 2006, Decided
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Overview: Because defendant could not collaterally attack the sentences imposed after he was found guilty of violating his probation, pursuant to Del. Sup. Ct. R. 26(c), defendant's appeal was wholly without merit and devoid of any arguably appealable issue.

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Goodlett v. State, No. 612, 2005, SUPREME COURT OF DELAWARE, February 21, 2006, Decided
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Overview: Because defendant did not demonstrate any jurisdictional irregularity on the face of his commitment and because there was no constitutional or statutory right in Delaware to challenge a sentence solely on the ground that it exceeded the sentencing guidelines, the trial court properly dismissed defendant's petition for a writ of habeas corpus.

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Reeves v. Conmac Sec., C.A. No. 05A-10-008-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 21, 2006, Decided
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Overview: Substantial evidence supported denial of unemployment benefits under ? 3315(2) to claimant as claimant was dismissed for just cause where he was on probation for prior absences and he had been given list of rules that included requirement that he not leave post, yet he was absent from post and was insubordinate to theatre manager.

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Tandy v. DCSE, No. 403, 2005, SUPREME COURT OF DELAWARE, February 21, 2006, Decided
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Overview: Sanctions under Del. Fam. Ct. R. Civ. P. 37, refusing to deduct the father's business expenses from his income, was reasonable because the father had many opportunities to present his accurate financial information in the underlying child support case, yet refused to do so.

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