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   State Courts - Delaware - March 28, 2002

  
State Farm Mut. Auto. Ins. Co. v. Fussell, No. 495, 2001, SUPREME COURT OF DELAWARE, March 28, 2002, Decided
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State v. Barlow, IK95-12-0239, through 0243-R1, SUPERIOR COURT OF DELAWARE, KENT, March 28, 2002, Decided
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Overview: Although it was rare for procedural default to bar a Delaware postconviction relief motion alleging counsel ineffectiveness, it barred consideration of a motion that contained only bare allegations of ineffectiveness.

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State v. Hermes, ID No. 0108008792, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 28, 2002, Decided
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Overview: Joinder of defendant's rape and child pornography charges was permissible as the crimes were part of an overall scheme; and trial for dealing in child pornography as well as possession of child pornography did not violate double jeopardy.

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State v. Schmitz, IK97-05-0091-R1, SUPERIOR COURT OF DELAWARE, KENT, March 28, 2002, Decided
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Overview: Prosecutor did not breach plea agreement by responding to defense counsel's arguments as to the cruelty of crime.

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White v. Zoning Bd. of Adjustment of Wilmington, C.A. No.01A-08-005 HLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 28, 2002, Decided
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Overview: Where business was granted rear yard variance, substantial evidence supported the zoning board's finding that the variance was not detrimental to the neighborhood's health and welfare. The addition was to decrease the number of trucks on street.

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Witcher v. Del. Park, Superior Court CA No. 01A-08-010-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 28, 2002, Decided
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Overview: An appeal board properly denied an employee's petition for unemployment insurance benefits, because the employee was discharged for good cause, as the employee violated the employer's absence policy.

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