Delaware, March, 2005, State Case law

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State Courts - Delaware - March 10 - March 14, 2005

Agilent Techs. v. DelPizzo, Nos. 549, 2004/550, 2004 (Consolidated), SUPREME COURT OF DELAWARE, March 10, 2005, Decided
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Conover v. State, No. 453, 2004, SUPREME COURT OF DELAWARE, March 10, 2005, Decided
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Kier Constr., LTD v. Raytheon Co., Civil Action No. 19526, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 10, 2005, Decided
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Overview: Upon determining that a stock purchase agreement and various project completion agreements between an assignor and its assignees did not call for the assignees to assume or accept any liability on a subcontract, the assignees were granted summary judgment in the subcontractor's suit for recovery of an amount due for work performed.

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Harley v. State, No. 395, 2004, SUPREME COURT OF DELAWARE, March 11, 2005, Decided
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Overview: In absence of clear and convincing evidence to contrary, defendant was bound by the representations he made during the plea colloquy. Although he had checked the box indicating that he had not freely and voluntarily decided to plead guilty, it appeared that he did not check that box intentionally because transcript clearly indicated voluntary plea.

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In re Spruance, Criminal Action Nos. 92-01-0382, 0383(R3), Defendant ID No. 92S00269DI, SUPERIOR COURT OF DELAWARE, SUSSEX, March 11, 2005, Decided
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State v. Poteat, ID: 0107011363, CR. A. NOS.: IN01-07-2086-R1; 2087-R1; and 2088-R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 11, 2005, Decided
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Overview: Motion for postconviction relief under Del. Super. Ct. R. Crim. P. 61 was denied because defendant failed to show that trial counsel was ineffective under U.S. Const. amend. VI by failing to move to suppress evidence, when the evidence was admissible, and failing to object to defendant wearing prison clothing at trial.

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State v. Sisson, I.D. NO: 0403019957, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 11, 2005, Decided
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Overview: An application for a search warrant of defendant's home had sufficient probable cause to justify the issuance thereof, pursuant to U.S. Const. amend. IV and Del. Const. art. I, ? 6, where an Internet service provider intercepted an email from defendant with child pornography, and defendant was sufficiently linked to the email by his screen name.

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In re Zuppo, No. 65, 2005, SUPREME COURT OF DELAWARE, March 14, 2005, Decided
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Smith v. State, No. 35, 2005, SUPREME COURT OF DELAWARE, March 14, 2005, Decided
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State v. Hamby, ID: 0211001914, CR. A. NO.: IN02-12-1917-R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 14, 2005, Decided
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Overview: Defendant's Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was dismissed in part as defendant's claims that appellate counsel was improperly permitted to withdraw and that a witness was compelled to give false testimony were procedurally barred, and denied in part as defendant failed to show ineffective assistance of counsel.

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