Delaware, February, 2003, State Case law

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State Courts - Delaware - February 28, 2003

Snyder v. Jehovah's Witnesses, No. 408, 2002, SUPREME COURT OF DELAWARE, February 28, 2003, Decided
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Overview: Where property owners created their own landlocked situation by deeding some property to a religious society and then selling the frontage property over which they had access to others, their request for an easement was denied.

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State v. Shannonhouse, ID. No. 9909023596, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2003, Decided
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Overview: Trial court denied post-conviction relief motion. Guilty plea counsel was not ineffective based on his meetings with defendant; lengthy colloquy before sentencing; defendant's expressed satisfaction; and prior record, which caused enhanced sentence.

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State v. Wilmer, ID. No. 9603002509, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2003, Decided
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Overview: Trial counsel denied defendant's second postconviction relief petition; it was untimely, so the primary remaining claim was whether the first post-conviction relief counsel was ineffective for not raising claims in timely first petition. He was not.

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Tabannor v. Advanced Sec., C.A. No. 02A-03-003 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2003, Decided
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Overview: After being robbed on job, security guard's decision to take law into his own hands was a personal deviation from his employment, and an abandonment of his employment, such that subsequent injuries did not arise out of course and scope of employment.

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Talmo v. State, No. 493, 2002, SUPREME COURT OF DELAWARE, February 28, 2003, Decided
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Overview: Defendant did not receive ineffective assistance of counsel where, despite the fact that defendant filed a legal malpractice action against him before trial, his counsel asserted that he could represent defendant fairly and effectively.

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Tyson Foods v. Aetos Corp., No. 124, 2002, SUPREME COURT OF DELAWARE, February 28, 2003, Decided
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Overview: Corporation did not show exceptional circumstances sufficient to support vacatur of trial court's order approving settlement with target corporation and its stockholders where corporation adopted course of inaction as to its procedural options.

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Weatherspoon v. State, No. 591, 2002, SUPREME COURT OF DELAWARE, February 28, 2003, Decided
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Overview: Record showed defendant entered guilty plea to delivery of cocaine and conspiracy charges knowingly, intelligently, and voluntarily, and, thus, he did not show his trial counsel rendered ineffective assistance of counsel regarding entry of plea.

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