Delaware, March, 2007, State Case law

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State Courts - Delaware - March 6 - March 7, 2007

Alladi v. Vadlamani, No. 281, 2006, SUPREME COURT OF DELAWARE, March 6, 2007, Decided
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Drake v. Hudson, No. 433, 2006, SUPREME COURT OF DELAWARE, March 6, 2007, Decided
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Jones v. State, No. 482, 2005, SUPREME COURT OF DELAWARE, March 6, 2007, Decided
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Overview: Defendant met burden of making prima facie showing State purposefully exercised peremptory challenges in racially discriminatory manner and trial judge found prosecutor offered race-neutral reason for strikes; however, remand was necessary because trial judge did not determine if defendant carried burden of proving purposeful discrimination.

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Jurbala v. State, No. 315, 2006, SUPREME COURT OF DELAWARE, March 6, 2007, Decided
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Overview: Because a probationer never appealed from the Del. Code Ann, tit. 11, ? 4204(k) violation of probation proceedings, and because the probationer could not establish cause for the procedural default or prejudice, Del. Super. Ct. R. Crim. P. 61(i)(3) acted as a bar to his belated claims.

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Raymond v. State, No. 309, 2006, SUPREME COURT OF DELAWARE, March 6, 2007, Decided
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Overview: Because defendant acted intentionally during the course of fighting with the police and caused physical injury, as defined by Del. Code Ann. tit. 11, ? 222(23), by breaking a police officer's hand, the evidence was sufficient to establish each element of a charge of second-degree assault under Del. Code Ann. tit. 11, ? 612(a)(3).

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State v. Gudzelak, Crim. I.D. No. 0407020818, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 6, 2007, Decided
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Overview: Although a judge had previously represented defendant in a civil matter, defendant waived any claim of bias or prejudice; therefore, because defendant failed to demonstrate that the judge was impartial or that there was a conflict of interest under Del. Judges' Code Jud. Conduct Canon 3(C)(1), he was not entitled to postconviction relief.

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State v. Malinovskaya, IN-05-01-0437-0438, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 6, 2007, Decided
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Overview: Defendant's motion to quash a subpoena concerning an alleged Russian language e-mail was denied as any attorney-client privilege was waived when defense counsel provided an English translation in a previous trial. The motions to quash subpoenas for testimony from defense counsel were granted as the court declined to apply the crime/fraud exception.

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State v. Ortiz, ID No. 0602006591, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 6, 2007, Decided
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Sturgis v. Bayside Health Assoc., C.A. No. 04C-06-139 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 6, 2007, Decided
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Overview: Trial court found regarding next friend's Del. Super. Ct. R. Civ. P. 59(a) motion for a new trial that no reason existed to revisit pre-trial ruling that limited the next friend's expert to opinions properly supported by well-recognized scientific principles sufficiently established to have gained general acceptance, and, thus, motion was denied.

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State v. Hickman, I.D. No. 0605026650, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 7, 2007, Decided
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Overview: Motion to suppress statement to police was denied in theft case because defendant's question to detective as to whether he was allowed to have a lawyer present for interrogation was an equivocal invocation of right to counsel, and the detective properly clarified defendant's wishes before proceeding in compliance with Del. Const. art. I, ? 7.

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