Delaware, February, 2005, State Case law

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State Courts - Delaware - February 24 - February 25, 2005

Jepsen v. State, C.A. No. 04A-04-002, SUPERIOR COURT OF DELAWARE, KENT, February 24, 2005, Decided
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Overview: It was error for Industrial Accident Board to forego an award of medical expenses and reasonable attorney's fees, pursuant to Del. Code Ann. tit. 19, ?? 2322 and 2320(10) respectively, because the award of medical expenses and attorney's fees were mandatory once the Board determined that claimant was entitled to ongoing total disability benefits.

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Allen v. State, No. 284, 2004, SUPREME COURT OF DELAWARE, February 25, 2005, Decided
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Overview: In trial on charges of rape against three different victims, jury instruction to the effect that jury had to consider each count of rape separately was proper, and the trial court did not err in refusing to instruct jury that it could not "accumulate" evidence. Such a charge was not required even though separate charges were joined in single trial.

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Dilks v. Morris, C.A. No.: 02C-07-189 CLS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 25, 2005, Decided
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Overview: Summary judgment motions pursuant to Del. Super. Ct. R. Civ. P. 546 by homeowners and a contractor in a personal injury action was denied; the injured party, who was injured when she allegedly fell in a ditch while bringing the homeowner's dog to them after a vacation, presented issues of fact as to causation and the issue of assumption of risk.

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Fagan v. Beaston, C.A. No. 04C-03-155-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 25, 2005, Decided
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Overview: Where two injured persons attempted service on a driver in regard to a personal injury suit and the certification was marked unclaimed and refused, the driver's motion to dismiss the suit was denied since under the "long arm" statute, Del. Code Ann. tit. 10, ? 3112, the notation of refusal constituted presumptive evidence of receipt.

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Israel v. State, No. 476, 2004, SUPREME COURT OF DELAWARE, February 25, 2005, Decided
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Sampson v. Div. of Family Servs., No. 337, 2004, SUPREME COURT OF DELAWARE, February 25, 2005, Decided
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Overview: Del. Code Ann. tit. 13, ? 1103(a)(6) did not create presumption that mother was unfit solely because parental rights to her older children were previously terminated, rather by requiring Division of Family Services to prove that termination was in the child's best interest, ? 1103(a)(6) protected against erroneous deprivation of parental rights.

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State v. Guess, Defendant ID No. 0107018161, SUPERIOR COURT OF DELAWARE, SUSSEX, February 25, 2005, Decided
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Overview: Defendant's motion for post-conviction relief pursuant to Del. Super. Ct. R. Crim. P. 61 was denied; the motion was procedurally barred, as defense counsel did not object to the admission of evidence, and defendant failed to raise the issue during his direct appeal of his convictions.

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State v. James, ID No. 0401022383, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 25, 2005, Decided
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Overview: After defendant was indicted for only assault in the first degree, the court properly instructed the jury, relying on Del. Code Ann. tit. 11, ? 206, for assault in the second degree because, under Del. Code Ann. tit. 11, ? 222(23)-(24), a gunshot wound could be either a serious physical injury or just a physical injury, depending on the facts.

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