Delaware, March, 2003, State Case law

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State Courts - Delaware - March 4, 2003

Holmes v. Wooley, No. 447, 2002, SUPREME COURT OF DELAWARE, March 4, 2003, Decided
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Overview: Supreme court affirmed that trial court did not abuse its discretion by affirming commissioner's decision to allow accounting, proceed directly to hearing accounting evidence, and then decide father did not misapply child support.

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In re Toth, No. 716, 2002, SUPREME COURT OF DELAWARE, March 4, 2003, Decided
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Overview: In petitioner's action seeking writ of mandamus to compel trial court to give him credit for time already served, state supreme court held that petitioner had not demonstrated clear right to remedy he sought, and there was no basis for issuing writ.

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Lecates v. State, No. 478, 2002, SUPREME COURT OF DELAWARE, March 4, 2003, Decided
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Overview: On appeal from defendant's conviction for rape, state supreme court held that it would not consider defendant's claim of ineffective assistance of counsel on direct appeal, and defendant waived his right to claim police misconduct by pleading guilty.

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May v. Wilmington Trust Co., C.A. No. 19363-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 4, 2003, Decided
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Overview: Investment advisers being sued for breach of fiduciary duty could discover investor's assets at the time of challenged investment decisions, but, to the extent those assets changed after the decisions, only their general nature had to be disclosed.

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State v. Rogers, DEF. I.D.#: 0112016209, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 4, 2003, Amended & Corrected
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Overview: Delaware's Reporter's Privilege Act was constitutional and it cast a net wide enough to capture all claims of privilege by a reporter, including when a reporter sought to protect the content of information provided by a known and identified source.

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Telstra Corp. v. Dynegy, Inc., C.A. No. 19369, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 4, 2003, Decided
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Overview: Where company validly exercised a put option to have partnership purchase its partnership interest, before due date of invalid capital call, "book down" based upon disparate capital contribution was not permitted in valuing company's capital account.

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Turner v. State, No. 479, 2002, SUPREME COURT OF DELAWARE, March 4, 2003, Decided
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Overview: Trial court properly denied defendant's motion for correction of sentence because defendant did not allege that the sentence imposed exceeded the statutory maximum for any of his six convictions or violated the Double Jeopardy Clause.

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