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State Courts -
Delaware - March 16 - March 21, 2007
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DiSabatino v. DiSabatino, No. 553, 2006,
SUPREME COURT OF DELAWARE, March 16, 2007, Decided
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Overview: A husband's motion to reopen a default marital property division, under Del. Fam. Ct. R. Civ. P. 60(b), was properly denied because, while he had a meritorious claim, as all marital property was awarded to the wife, and she showed no substantial prejudice if the motion were granted, he did not show his conduct was attributable to excusable neglect.
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Freeman v. Burris Foods, C.A. No: 06A-04-001 (RBY),
SUPERIOR COURT OF DELAWARE, KENT, March 19, 2007, Decided
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Overview: A decision by the Delaware Unemployment Insurance Appeal Board, holding that an employee's discharge from employment was based on just cause, was supported by substantial evidence pursuant to Del. Code Ann. tit. 19, ??3314(2), as the employee had engaged in two physical altercations with a co-worker.
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Fuller v. State, No. 338, 2006,
SUPREME COURT OF DELAWARE, March 19, 2007, Decided
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Overview: Although the State did not adequately comply with Del. Super. Ct. R. Crim. P. 16 in disclosing a videotape of defendant being interviewed by police, the violation did not require reversal, as evidence independent of the videotape was before the jury; the victim and another eyewitness, both of whom knew defendant, identified him as the assailant.
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Johnson v. State, No. 423,2006,
SUPREME COURT OF DELAWARE, March 19, 2007, Decided
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Overview: Because a probationer did not submit a written response to counsel's motion to withdraw, and did not submit any points for consideration on appeal, pursuant to Del. Sup. Ct. R. 26(c), the probationer's appeal was deemed wholly without merit and devoid of any arguably appealable issue; consequently, counsel's motion to withdraw was deemed moot.
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