Delaware, February, 2003, State Case law

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State Courts - Delaware - February 25 - February 26, 2003

Garneski v. Teromina, CA No. 98C-11-302-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 25, 2003, Decided
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Overview: A motion to tax costs was timely even though it was made more than 10 days after judgment was rendered by a jury because there was still a motion for a new trial pending; accordingly, the judgment was not final and the time had not run.

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Next Level Communs., Inc. v. Motorola, C.A. No. 20144, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 25, 2003, Decided
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Overview: Chancery court denied preliminary injunction to stop controlling shareholder's tender offer for minority shares; corporation did not carry its burden to prove success on merits; offer was not coercive and fairly disclosed financial conditions.

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Pleasanton v. State, No. 646, 2002, SUPREME COURT OF DELAWARE, February 25, 2003, Decided
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Overview: Where defendant's case was "in progress" at the time of a statutory amendment, the denial of defendant's motion for correction of sentence was erroneous.

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Hochstetler v. Del. Harness Racing Comm'n, C.A. No. 02A-02-005 HDR and 02A-05-001 HDR (Consolidated), SUPERIOR COURT OF DELAWARE, KENT, February 26, 2003, Decided
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Overview: Where Delaware Harness Racing Commission's rules permitted limited use of drug for horses three years of age and older, it did not permit administration of drug to younger horses, as there was general prohibition against medications unless permitted.

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In re Evans, No. 678, 2002, SUPREME COURT OF DELAWARE, February 26, 2003, Decided
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State v. Akins, IK96-11-0378 and IK96-11-0381, IK96-11-0382, SUPERIOR COURT OF DELAWARE, KENT, February 26, 2003, Decided
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Overview: Where defendant did not appeal his conviction or sentence to the state supreme court and where defendant's motion for postconviction relief was filed more than three years after sentencing, the motion was procedurally barred.

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State v. Enos, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, February 26, 2003, Decided
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Overview: Police officer was justified in walking up to vehicle parked on shoulder of road, with driver's head hanging out window, as officer had objective, reasonable, and articulable suspicion defendant was in apparent peril, distress, or need of assistance.

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State v. Knox, PK-00-09-0030-R1, SUPERIOR COURT OF DELAWARE, KENT, February 26, 2003, Decided
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Overview: Superior court denied defendant's first post-conviction relief petition; he did not directly appeal his conviction and sentence after his guilty plea, so his claims other than ineffective counsel were barred and counsel was not ineffective.

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