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| Akande v. Transamerica Airlines, Inc. (In re Transamerica Airlines, Inc.), Civil Action No. 1039-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 28, 2006, Decided , February 28, 2006, Filed
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Overview: A judgment creditor's motion to amend his complaint complied with Del. Ch. Ct. R. 15(aaa), fiduciary breach claims filed too long after relevant public data was available were futile, but later ones were not, and it knew of the suit resulting in judgment, requiring dissolution notice to the creditor, and, absent notice, provision for the creditor.
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| Fisher v. Carroll, No. 276, 2005,
SUPREME COURT OF DELAWARE, February 28, 2006, Decided
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Overview: Superior court did not abuse its discretion in finding an inmate's claim for mandamus relief frivolous as he (1) did not deny that he violated the prison disciplinary rules and (2) failed to demonstrate a clear right to the performance of a duty on the part of prison officials and an arbitrary failure or refusal to perform that duty.
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| Guinn v. State, No. 313, 2005,
SUPREME COURT OF DELAWARE, February 28, 2006, Decided
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Overview: Assault in a detention facility in violation of Del. Code Ann. tit. 11, § 1254(c) was affirmed because the inmate threw a container of bodily fluid at three men in close proximity, two of whom were correctional officers, and most of the fluid hit a correctional officer in the head.
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| In re Miller, No. 16, 2006,
SUPREME COURT OF DELAWARE, February 28, 2006, Decided
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Overview: Litigants' petition for writ of mandamus under Del. Sup. Ct. R. 43 requesting court to compel common pleas court to re-issue its decision so that litigants could file timely appeal was dismissed because litigants had failed to demonstrate a clear right to performance of duty and arbitrary refusal to perform that duty on part of common pleas court.
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| Morrow v. Morrow, No. 382, 2005,
SUPREME COURT OF DELAWARE, February 28, 2006, Decided
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Overview: Family court abused its discretion in denying a husband's motion to vacate an order dismissing ancillary jurisdiction because the husband had presented a meritorious claim for Del. Fam. Ct. R. Civ. P. 60 purposes, when the neglect of the husband's attorney was excusable.
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| Quesenberry v. Beebe Med. Ctr., Inc., C.A. No. 02C-05-304-FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2006, Decided
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Overview: In medical negligence case, motions for JNOV or new trial were properly denied. While parties' experts disagreed as to whether patient's kidney could have been saved if proper procedures had been used and patient's problems had been properly diagnosed during her first visit to the hospital, jury found testimony of patient's experts more persuasive.
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| State v. LeGrande, ID # 0501015557,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2006, Decided
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Overview: Because defendant was asked to reveal prior felonies, which were too remote for impeachment purposes under Del. R. Evid. 609(b), and because the evidence was not lost on the jury, the error prevented defendant from the having a fair trial; therefore, pursuant to Del. Super. Ct. R. Crim. P. 33, a new trial was warranted in the interest of justice.
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| State v. Washington, ID No. 0410014041,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2006, Decided
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Overview: State presented sufficient evidence of "serious physical injury" pursuant to Del. Code Ann. tit. 11, § 222(23) because the victim testified that, inter alia, he had pain and swelling in his arm and abrasions and contusions to other areas of his body, had a broken arm, and could still no longer fully open the fingers of his right hand.
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| State v. Wood, ID # 0503014528,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 28, 2006, Decided
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Overview: Following DUI conviction, posttrial motions for JNOV or new trial were denied; State's failure to include chemist's credentials in automatic pretrial discovery did not prejudice defendant; he raised the issue for first time during trial and was provided with additional time both during and after trial to challenge the chemist's qualifications.
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