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   State Courts - Delaware - March 1 - March 4, 2002

  
Flooring Creations by Art Floor, Inc. v. Ledley, C.A. No.: 2000-08-184, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, March 1, 2002, Decided
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Overview: A contractor did not prove a homeowner's breach of contract, given contractor's repudiation discharging homeowner from further performance. Implied warranty of good workmanship did not apply, so homeowner's counterclaim on that basis was not shown.

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State v. White, ID No. 0102019515, SUPERIOR COURT OF DELAWARE, KENT, March 1, 2002, Decided
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Overview: Motion to compel State to make redacted copies of computer hard drive for analysis in Virginia was denied, as redacted copies of hard drive might contain child pornography, which was contraband that could not be transported across state lines.

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Chavin v. PNC Bank, C.A. No. 18366, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 4, 2002, Decided
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Overview: Plain language reading of trust, an interpretation based on the rules of construction, and a reading based on the extrinsic evidence, all favored conclusion that estate vested at the time of uncle's death and grandchildren's claim was denied.

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Darnell v. BOC Group, Inc., No. 384, 2001, SUPREME COURT OF DELAWARE, March 4, 2002, Decided
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Johnson v. Funds, Case No. 99-07-046, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, March 4, 2002, Decided
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Overview: A race car trailer owner who sought reimbursement for towing expenses and storage fees due to a driver's damaging the trailer had not met his burden of proof because the amounts were owed to his employer and he did not show payment.

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Kelly v. McHaddon, C.A. No. 98C-12-176 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 4, 2002, Decided
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Overview: Prior trial testimony of truck driver was inadmissible hearsay; defense counsel made no real efforts to secure truck driver's presence at trial so he was not unavailable for purposes of prior testimony exception to hearsay rule.

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State v. Locklear, # 010800731, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, March 4, 2002, Submitted , March 4, 2002, Decided
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State v. Phillips, Def. ID # 9612002787, SUPERIOR COURT OF DELAWARE, SUSSEX, March 4, 2002, Decided
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Overview: Defendant's application for postconviction relief concerning a violation of probation sentence was procedurally barred since all of the issues could have been raised at a violation of probation hearing or on direct appeal.

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