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   State Courts - Delaware - March 15, 2007

  
ACLU v. Danberg, C.A. NO. 06C-08-067-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 15, 2007, Decided
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Overview: Commissioner's request for discovery was granted as to interrogatories asking plaintiff to identify if it had been engaged to investigate or pursue a potential claim for alleged inadequate medical care at Department of Correction facilities, as it was appropriate to allow the Commissioner to determine if an exception to FOIA was applicable.

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Atonsah v. Hackett, No. 624, 2006, SUPREME COURT OF DELAWARE, March 15, 2007, Decided
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Bell Atlantic-Delaware, Inc./Verizon Delaware, Inc. v. Saporito, No. 444, 2006, SUPREME COURT OF DELAWARE, March 15, 2007, Decided
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Overview: Interest which accrued on a sum an employee paid his employer in partial satisfaction of a workers' compensation lien was properly credited to the employee since it accrued because the employer did not accept partial payment. The employer was not entitled to prejudgment interest caused by its delay, but this did not include its successful appeal.

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Correa v. State, No. 654, 2006, SUPREME COURT OF DELAWARE, March 15, 2007, Decided
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Overview: When an inmate said he was erroneously charged with a probation violation because some of his aliases were listed on the last page of his sentencing order, he was not entitled to habeas corpus relief because he did not show he was charged under a wrong name, and the trial court had jurisdiction to sentence him, so his petition was properly denied.

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Elohim v. St. Paul Fire & Marine Ins. Co., No. 405, 2006, SUPREME COURT OF DELAWARE, March 15, 2007, Decided
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Overview: State supreme court dismissed claimant's appeal of jury verdict finding he had not sustained compensable injuries in an accident over which he sued; since he failed to comply with Del. Sup. Ct. R. 9(aa) requiring payment of record preparation fee and Del. Sup. Ct. R. 9(f) requiring payment of trial transcript fee, his appeal had to be dismissed.

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Giles v. State, No. 453, 2006, SUPREME COURT OF DELAWARE, March 15, 2007, Decided
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Overview: When an inmate was sentenced for a violation of probation, he was not entitled to a writ of habeas corpus because he was still on probation when he committed the violation, as, when he was sentenced him for a prior violation of probation, the trial court added a six-month period of probation, as required by Del. Code Ann. tit. 11, § 4204(1).

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In re Atamian, No. 69, 2007, SUPREME COURT OF DELAWARE, March 15, 2007, Decided
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Overview: A litigant was not entitled to mandamus and/or prohibition compelling a trial court to vacate an order and compelling two judges to recuse themselves because the order had been vacated, one judge recused himself, no grounds for the other judge's recusal were stated, and recusal was not subject to extraordinary relief, as an appeal was available.

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Patrick v. State, No. 170, 2006, SUPREME COURT OF DELAWARE, March 15, 2007, Decided
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Overview: Evidence supported defendant's conviction of attempted burglary second degree because it showed that defendant was engaging in a continuous course of conduct by knowingly and unlawfully attempting to enter a home with the intent to continue to resist arrest inside the home, which established the requisite intent to commit a crime within the home.

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Roten v. State, No. 290, 2006, SUPREME COURT OF DELAWARE, March 15, 2007, Decided
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Overview: Claims in post-conviction relief motion that the trial court erred in denying defendant's motion to withdraw his guilty plea and that reconsideration should be made of whether medication influenced his guilty plea did not merit "interest of justice" review under Del. Super. Ct. R. Crim. P. 61(i)(4), as those claims had been previously adjudicated.

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Savinon v. State, No. 330, 2006, SUPREME COURT OF DELAWARE, March 15, 2007, Decided
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Overview: Judgment of acquittal was properly denied; evidence showed that four ounces of cocaine were found in center console of vehicle defendant was passenger in, defendant had direct access to console, defendant had told undercover officer he would have to go to New York to get drugs she requested, and vehicle was observed entering and leaving New York.

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