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   State Courts - Delaware - February 21 - February 23, 2001

  
Culp v. State, No. 13, 2000, SUPREME COURT OF DELAWARE, February 21, 2001, Decided
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Overview: Despite some time lapse between victim's shooting and defendant's statements to 911 operator, they were admissible under the excited utterances exception to hearsay rule as evidence that shooting was accidental.

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Manuszak v. Barbosa, Case No. 99-04-019, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, February 21, 2001, Decided
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Overview: Car owner who failed to offer evidence establishing that destroyed car would have had value as restored antique was limited to recovery of market value before accident, as established by insurance adjuster's testimony.

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Meuser v. Sowiak, C.A.No. 98C-11-155-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 21, 2001, Decided
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Overview: In personal injury case, where defendant, who was prevailing party, requested reimbursement for deposition costs and transcript for plaintiff's doctor, and deposition was not introduced into evidence, court awarded part deposition cost only.

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Pharm-Eco Labs., Inc. v. Immtech Int'l, Inc., Civil Action No. 18246, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 21, 2001, Date Decided
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Overview: A corporation was held to be responsible for the breach of a licensing agreement where it failed to grant an exclusive license to another corporation and violated the restriction on transfer of unregistered stock.

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State v. Earle, Case No. 0003020863, C.A. No. 00-06-0501-0514, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, February 21, 2001, Decided
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Overview: Defendant was found guilty of DUI where State presented convincing evidence of actual impaired driving by defendant. Other charges were dismissed because they did not occur in arresting officer's presence and did not fall within any exception.

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State v. Harper, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 21, 2001, Decided
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Overview: The court dismissed defendant's motion for postconviction relief, because defendant failed to show that he received ineffective assistance of counsel in relation to defendant's acceptance of a plea agreement.

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Grant v. Mitchell, Civil Action No. 18370, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 23, 2001, Date Decided
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Overview: Co-founder of corporation was director although no formal consent was ever executed because founder had promised that she would be, corporation's law firm believed she would be, and signed foreign corporation certificate listed her as director.

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State v. Minor, Cr.A. No. IN99-06-0609RI, 0610RI, 0608RI, 0613RI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 23, 2001, Decided
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Overview: Motion for postconviction relief by individual convicted of first degree assault and other charges was denied where his claims of ineffective assistance of counsel were conclusory and contrary to the evidence on record.

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