Delaware, March, 2003, State Case law

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State Courts - Delaware - March 11 - March 12, 2003

Stanley v. State, No. 633, 2002, SUPREME COURT OF DELAWARE, March 11, 2003, Decided
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State v. Lennon, No. 405, 2002, SUPREME COURT OF DELAWARE, March 11, 2003, Decided
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Overview: Where the minimum two-year statutory sentence for first-degree robbery was not subject to suspension by the trial court, a sentence wherein defendant could possibly be released after only 11 months was erroneous.

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Beatty v. Smedley, C.A. No. 00C-06-060-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 12, 2003, Decided
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Overview: A jury could reject medical experts' opinions regarding objective signs of personal injury because defense counsel raised legitimate questions regarding the experts' credibility during cross examination and through evidence of a pre-existing injury.

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Bowersox v. State, No. 423, 2002, SUPREME COURT OF DELAWARE, March 12, 2003, Decided
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Overview: Supreme court affirmed a habitual DUI defendant's conviction and sentence for driving after a judgment prohibited it; he had not fulfilled all three requirements for license reinstatement, including restoring of driving privileges by the trial court.

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Hughes v. Div. of Family Servs., No. 95, 2002, SUPREME COURT OF DELAWARE, March 12, 2003, Decided
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Overview: Appellate court remanded a termination of parental rights case to family court to decide if family court's failure to appoint counsel for indigent mother and father at outset of dependency and neglect proceeding violated their rights to due process.

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In re Willard, No. 60, 2003, SUPREME COURT OF DELAWARE, March 12, 2003, Decided
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Morris v. State, ID # 9911000751, SUPERIOR COURT OF DELAWARE, SUSSEX, March 12, 2003, Decided
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Overview: Defendant's firm, expressed conviction to proceed pro se in appeal to state supreme court, despite trial court warnings of certain difficulties in doing so, showed his request to proceed pro se was knowingly, voluntarily, and intelligently made.

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State v. Andrus, ID # 9504004126, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 12, 2003, Decided
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Overview: Trial court denied murder defendant's postconviction motion; counsel was not ineffective with respect to questioning of forensic pathology experts, his custodial and noncustodial statements, prosecutor's closing comments, and prior bad acts.

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Stern v. LF Capital Partners, L..L.C., C.A. No. 19218, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 12, 2003, Decided
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Overview: Where a holding company's complaint contained general averments of malice, intent, knowledge, and other conditions of mind, it barely stated a claim and was, therefore, sufficient to survive a motion to dismiss.

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Wright v. State, No. 233, 2002, SUPREME COURT OF DELAWARE, March 12, 2003, Decided
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Overview: Trial court did not err in admitting witness's videotaped statement and letting jury decide witness's credibility, as it was unclear whether statement was based on hearsay, statement was key to State, and witness was available for cross-examination.

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