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State Courts -
Delaware - February 17 - February 22, 2005
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Belanger v. Fab Indus., Civil Action No. 054-N,
COURT OF CHANCERY OF DELAWARE, SUSSEX, February 17, 2005, Decided
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Overview: Where parties disputed validity of defendant's corporate dissolution, interests of justice, under Del. Ch. Ct. R. 26(b)(1), (c), required protective order preventing depositions of defendant's key personnel. Although defendants did not file for dissolution until years after authorization, Del. Code Ann. tit. 8, ? 275 did not impose deadline.
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Jackson v. State, No. 568, 2003,
SUPREME COURT OF DELAWARE, February 17, 2005, Decided
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Overview: Defendant was not entitled to postconviction relief, as his claims were procedurally barred under both Del. Super. Ct. R. Crim. P. 61(i)(3) and (i)(4), and he: (1) failed to establish that his counsel was ineffective, (2) did not substantiate concrete allegations of actual prejudice, and (3) failed to show a miscarriage of justice.
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Lewis v. State, No. 364, 2004,
SUPREME COURT OF DELAWARE, February 22, 2005, Decided
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Overview: Denial of defendant's motion for judgments of acquittal, filed pursuant to Del. Super. Ct. R. Crim. P. 29, was proper; his convictions for aggravated menacing, Del. Code Ann. tit. 11, ? 602(b), and possession of a deadly weapon during the commission of a felony, Del. Code Ann. tit. 11, ? 1447(a), were supported by sufficient evidence.
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