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   State Courts - Delaware - April 4 - April 5, 2002

  
Albu Trading v. Allen Family Foods, Supreme Court No.: 487, 2001, C.A. No. 00C-05-131 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 4, 2002, Decided
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Overview: A motion to set aside a summary judgment, based upon newly discovered evidence, was denied where the evidence might have changed the court's ruling, but there was a lack of diligence in securing the evidence that was claimed to be newly discovered.

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Christiana Care Health Sys. v. Taylor, C.A. 01A-10-009-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 4, 2002, Decided
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Overview: Doctor's findings based upon examination of worker and review of worker's medical records were substantial evidence supporting industrial board's termination of benefits. Termination was based on substantial evidence and free of legal error.

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Serra v. Sears, C.A. No. 01C-11-176-SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 4, 2002, Decided
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State v. Argoe, C.R.A.Nos. IN-01-07-0880 and 0882, ID No. 0106011226, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 4, 2002, Decided
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Overview: Defendant was entitled to an award of good time on his sentencing where the amendment to the statutory sentencing guidelines that prohibited such an award was enacted after his offense was committed, which was the controlling date.

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State v. Ayers, ID # 0004013377, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 4, 2002, Decided
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Overview: Defendant's postconviction motion failed since he waived his rights by pleading guilty to the charges; his motion failed to set forth his claims with specificity and supporting facts, and he failed to show actual prejudice.

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State v. Williams, Def. ID # 0105014788, SUPERIOR COURT OF DELAWARE, SUSSEX, April 4, 2002, Decided
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Overview: Having admitted to committing a crime, defendant could not credibly argue that a videotape exonerated him; counsel's representation was not faulty, and defendant was not coerced to enter a guilty plea.

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In re Bigmar, Inc., CONSOLIDATED CIVIL ACTION NO. 19289-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 5, 2002, Decided
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Overview: In struggle between competing factions of directors, neither group's actions were valid; one group failed because it did not observe formalities of corporate governance and the other failed for breach of fiduciary duties.

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Jenkins v. Dover Police Comm'r, C. A. NO. 01C-05-015, SUPERIOR COURT OF DELAWARE, KENT, April 5, 2002, Submitted , April 5, 2002, Decided
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Overview: In a civil case, a presumption existed against requiring appointed counsel when an unsuccessful litigant could not have been deprived of his personal liberty. In a claim alleging improper force in making arrest, a motion for counsel was denied.

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Kohls v. Kenetech Corp., No. 433, 2000, SUPREME COURT OF DELAWARE, April 5, 2002, Decided
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Puller v. State, No. 331, 2001, SUPREME COURT OF DELAWARE, April 5, 2002, Decided
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Overview: Even if graphic crime scene videotape should not have been admitted, videotape was not so prejudicial as to constitute plain error given unpleasant nature of almost all evidence in the shooting case.

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