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   State Courts - Delaware - March 5, 2007

  
Deeds v. State, No. 481, 2006, SUPREME COURT OF DELAWARE, March 5, 2007, Decided
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Overview: In a case in which defendant minor was adjudicated delinquent of disorderly conduct in violation of Del. Code Ann. tit. 11, § 1301, it was reasonable for family court to find that defendant's conduct fell within the scope of § 1301(1)(b), where defendant admitted yelling at a group of girls and admitted that she called one of the girls a "bitch."

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Hall v. State, Cr. ID No. 0506014139, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 5, 2007, Decided
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Overview: Upon remand from the Delaware Supreme Court, the court found that defendant's decision to pursue an appeal pro se was knowing and voluntary as defendant was aware of his right to court-appointed counsel but chose to proceed himself because a public defender would be unable to take the same interest he had in his case and defendant was a paralegal.

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Lundeen v. Pricewaterhouse Coopers, No. 508, 2006, SUPREME COURT OF DELAWARE, March 5, 2007, Decided
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Overview: Denial of motion to amend expert report after discovery period ended was not abuse of discretion. Appellants contended expert's opinion changed after learning about existence and contents of two documents, but trial had court found appellee did not wrongfully withhold documents from appellants, and one document was publicly on file with SEC.

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Openwave Sys. v. Harbinger Capital Ptnrs. Master Fund I, Ltd., C.A. No. 2690-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 5, 2007, Decided
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Overview: Summary judgment was denied in Delaware General Corporation Law § 225 action as outcome might depend on equities. Hedge funds argued that corporation's board of directors allowed confusing bylaws to persist in order to make stockholder nominations more difficult, but hedge funds might have had reasonable opportunity to submit their nominations.

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Potts v. State, No. 334, 2006, SUPREME COURT OF DELAWARE, March 5, 2007, Decided
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Overview: Although the victim consented to fight defendant, she did not consent to being blind-sided by defendant's brother or to being attacked by defendant with a deadly weapon; therefore, it was clear from the record that a consent instruction under Del. Code Ann. tit. 11, § 452 was not supported by the evidence.

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Tatum v. State, No. 447, 2006, SUPREME COURT OF DELAWARE, March 5, 2007, Decided
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