Delaware, March, 2007, State Case law

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State Courts - Delaware - March 8 - March 9, 2007

Betts v. Kent County Receiver of Taxes, No. 574, 2006, SUPREME COURT OF DELAWARE, March 8, 2007, Decided
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Fullerton v. State Plaintiff-Below, No. 246, 2006, SUPREME COURT OF DELAWARE, March 8, 2007, Decided
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Overview: In a case in which defendant was convicted of possession of a deadly weapon by a person prohibited, it was within trial judge's discretion under Del. R. Evid. 403 to admit police officer's testimony that he was investigating a complaint of "shots fired." Probative value of statement was not substantially outweighed by danger of unfair prejudice.

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Harmon v. State, No. 616, 2006, SUPREME COURT OF DELAWARE, March 8, 2007, Decided
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Haskins v. Williams, No. 633, 2006, SUPREME COURT OF DELAWARE, March 8, 2007, Decided
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Overview: Because the parole board had authority to determine that a parolee violated his parole, pursuant to Del. Code Ann. tit. 11, ? 4352(d), it could also, inter alia, revoke the parole and reimpose the remainder of the sentence; because the parolee failed to show that he was illegally detained, he was not entitled to certiorari or habeas corpus relief.

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Express Scripts, Inc. v. Crawford, No. 113, 2007, SUPREME COURT OF DELAWARE, March 9, 2007, Decided
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Hartman v. State, No. 260, 2006, SUPREME COURT OF DELAWARE, March 9, 2007, Decided
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Overview: As defendant knowingly and voluntarily waived his right to counsel and was adequately informed of the risks of proceeding pro se, trial court violated his Sixth Amendment rights by denying his request to do so based on its determination that because he had no legal training, to allow him to represent himself would make the trial a "sham."

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In re Edwards, No. 30, 2007, SUPREME COURT OF DELAWARE, March 9, 2007, Decided
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Overview: Because only a few weeks had passed since defendant filed a motion to withdraw his guilty plea, there was no evidence that the trial court had arbitrarily refused to act on it; accordingly, defendant's petition for a writ of mandamus manifestly failed to invoke the original jurisdiction of the Delaware Supreme Court and was dismissed.

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Sierra Club v. Del. Dep't of Natural Res. & Envtl. Control, No. 379, 2006, SUPREME COURT OF DELAWARE, March 9, 2007, Decided
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Overview: The trial court properly granted summary judgment to the state government representatives on the environmental organization's request for permanent injunctive relief because the environmental organization could not show irreparable injury or that it would succeed on the merits.

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