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   State Courts - Delaware - March 7 - March 8, 2001

  
Mann v. State, No. 190, 2000, SUPREME COURT OF DELAWARE, March 7, 2001, Decided
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Overview: Revocation of probation was proper where record established clear violations of probation and defendant failed to show trial judge abused his discretion in reaching his findings at violation of probation hearing.

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RGC Int'l Investors, LDC v. Greka Energy Corp., Civil Action No. 17674, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 7, 2001, Decided; March 13, 2001, Corrected
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Overview: Where corporations relied on an agreement, which had earlier in the suit been found to be unenforceable, to allege unjust enrichment against investors, the rule of the case required the court to dismiss the claims.

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Weston v. State, No. 332, 2000, SUPREME COURT OF DELAWARE, March 7, 2001, Decided
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Overview: The court affirmed a drug conviction. The admissible testimony of a prior uncharged drug deal was material to intent and identity, not remote in time, clear and conclusive, less prejudicial than other evidence, and strongly probative.

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Wilmington Hospitality v. New Castle County, C.A. No. 18436, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 7, 2001, Decided; March 12, 2001, Revised
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Overview: Mediation pursuant to a court rule failed to comply with entire rule. Court refused to enforce settlement agreement reached as part of mediation because it was confidential, was not written, and had not included all parties.

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Desmond v. State, No. 5, 2001, SUPREME COURT OF DELAWARE, March 8, 2001, Decided
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Overview: Motion for postconviction relief was procedurally barred. Defendant did not raise the claim in the proceedings leading to judgment of conviction, and defendant did not show cause for relief or prejudice from violation of his rights.

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Harris v. State, No. 519, 2000, SUPREME COURT OF DELAWARE, March 8, 2001, Decided
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Overview: The appeals court affirmed a modification of sentence when a driving under influence driver violated probation. The trial court was authorized to reimpose the 18 month suspended portion of the original sentence.

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Jamison v. Division of Family Servs., No. 107, 2000, SUPREME COURT OF DELAWARE, March 8, 2001, Decided
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Overview: Termination of parental rights was affirmed. Incarcerated father's physical absence from dependency/neglect hearing did not violate his due process rights. Family services' efforts at reunifying father with his children satisfied statutory duty.

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OLL Ventures, Inc. v. Woodland Mills Assocs., L.P., C.A. No. 1963-S, COURT OF CHANCERY OF DELAWARE, KENT, March 8, 2001, Decided
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Overview: In seller's action for specific performance of easement agreement and damages, motion to dismiss for failure to state claim of assignor of purchase agreement was granted because assignor was not a party to easement agreement.

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State v. Frink, No. 369, 2000, SUPREME COURT OF DELAWARE, March 8, 2001, Decided
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State v. Morales, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 8, 2001, Decided
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Overview: Delaware defendant's practice of filing correspondence instead of motions, without substantive support for allegations, led to denial of post-conviction relief, but with leave to seek sentence modification later.

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