Delaware, March, 2004, State Case law

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State Courts - Delaware - March 2, 2004

Acorn USA Holdings LLC v. Premark Int'l, Inc., No. 392, 2003, SUPREME COURT OF DELAWARE, March 2, 2004, Decided
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Dahl v. State, No. 362, 2003, SUPREME COURT OF DELAWARE, March 2, 2004, Decided
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Overview: Trial court did not err in denying defendant's motion for correction of sentence because he was not entitled to relief where he did not argue that his sentences exceeded the statutorily authorized limits, violated double jeopardy, or were ambiguous.

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Downs v. State, No. 397, 2003, SUPREME COURT OF DELAWARE, March 2, 2004, Decided
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Overview: The trial court did not err in denying defendant's motion for correction of sentence because he knew at the time he entered his plea that he was agreeing to a 10-year Level V term of imprisonment that would not be subject to reduction for good time.

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Hickman v. Kearney, No. 20, 2004, SUPREME COURT OF DELAWARE, March 2, 2004, Decided
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Overview: Plaintiff's appeal was dismissed. Because plaintiff's untimely filing was not attributable to court-related personnel, the state supreme court had no jurisdiction to hear plaintiff's untimely appeal.

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Jones v. State, No. 480, 2003, SUPREME COURT OF DELAWARE, March 2, 2004, Decided
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Overview: Trial court did not err in denying defendant's motion for correction of sentence because defendant presented no evidence that his sentence was illegal, and it was manifest on the face of defendant's opening brief that his appeal was without merit.

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Phillips v. Conley, C.A. No. 04C-01-023, SUPERIOR COURT OF DELAWARE, SUSSEX, March 2, 2004, Decided
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Overview: Although an inmate established that he was entitled to proceed in forma pauperis, where he did not plead the elements of defamation, he had no claim for a breach of contract or a violation of due process and his complaint was dismissed.

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Phillips v. Dep't of Corr., C.A. No. 03M-12-014, SUPERIOR COURT OF DELAWARE, SUSSEX, March 2, 2004, Decided
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Overview: Court granted prisoner's petition to proceed in forma pauperis but then dismissed petition for a writ of mandamus directing Department of Corrections to place him back in a program that could have suspended sentence. Petition was legally frivolous.

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Reed v. State, No. 422, 2003, SUPREME COURT OF DELAWARE, March 2, 2004, Decided
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Teachers' Ret. Sys. of La. v. Scrushy, C.A. No. 20529, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 2, 2004, Decided
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Overview: Delaware court granted defendants' motion to stay shareholder's derivative suit against corporation, officers, directors, and others, in favor of prior, similar Alabama suit, based in part on agreements between both state and federal courts.

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Wal-Mart Stores, Inc. v. AIG Life Ins. Co., C.A. No. 19875, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 2, 2004, Decided
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Overview: Insurance companies and insurance brokers' motion to dismiss was granted; all of retailer's claims were barred by statute of limitations and the retailer did not show circumstances that warranted equitable tolling of the statute of limitations.

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