Delaware, April, 2002, State Case law

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State Courts - Delaware - April 1, 2002

Alston v. State, No. 98, 2002, SUPREME COURT OF DELAWARE, April 1, 2002, Decided
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Clark v. State, Nos. 347, 2001 and 362, 2001 (Consolidated), SUPREME COURT OF DELAWARE, April 1, 2002, Decided
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Overview: Defendant was not entitled to dismissal of violation of probation charges due to unnecessary delay; less than half of six-month delay between charges and hearing was attributable to prosecution, and defendant failed to show prejudice.

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DCV Holdings v. Conagra, Inc., Superior Court CA No. 98C-06-301-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 1, 2002, Decided
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Overview: Purchase agreement did not preclude purchaser's claims for fraudulent concealment based on misrepresentations made when parties entered into agreement.

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Eley v. Kearney, No. 467, 2001, SUPREME COURT OF DELAWARE, April 1, 2002, Decided
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Foxwell v. Caldwell, No. 501, 2001, SUPREME COURT OF DELAWARE, April 1, 2002, Decided
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In re Manis, No. 68, 2002, SUPREME COURT OF DELAWARE, April 1, 2002, Decided
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Overview: Defendant's petition for writ of mandamus seeking an order directing superior court to modify his sentence was dismissed, as defendant had an adequate remedy at law to request sentence modification pursuant to a rule of criminal procedure.

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State v. Drummond, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, SUSSEX, April 1, 2002, Decided
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Overview: Defendant's claim that he was not Mirandized was belied by the record, and defendant's attorney was not required to "think up" a better defense; defendant was not prejudiced by defense tactics or deprived of a fair trial.

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State v. Serra, IK99-06-0532, IK99-06-0533, IK99-06-0534, IK99-06-0535, IK99-06-0536, IK99-06-0537, IK99-06-0538, IK99-06-0539, IK99-06-0540, IK99-06-0541, IK99-06-0542, IK99-06-0543, IK99-06-0544, IK99-06-0545, IK99-06-0546, IK99-06-0547, IK99-06-0548, SUPERIOR COURT OF DELAWARE, KENT, April 1, 2002, Decided
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Overview: Defendant was deemed competent to stand trial despite having limited cognitive functions where he lived independently, had work and marital history, and was able to interact with his counsel. An updated evaluation was required before final judgment.

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