Delaware, March, 2009, State Case law

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State Courts - Delaware - March 30, 2009

Estate of Lamb v. ZKT, L.L.C., C.A. No: 07C-12-037 (RBY), SUPERIOR COURT OF DELAWARE, KENT, March 30, 2009, Decided
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Overview: A general contractor's motion for summary judgment was granted in an estate's suit to recover for a decedent's death when there was no evidence that the contractor had control of the condition of the parking lot where the decedent fell. The estate filed to show that it owed a duty to the decedent concerning the overall condition of the parking lot.

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Regis Ins. Co. v. Lobby House, Inc., C.A. No. 08C-01-048 JTV, SUPERIOR COURT OF DELAWARE, KENT, March 30, 2009, Decided
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Overview: Insurance company was not obligated to defend a claim against its insured arising from an assault on the insured's patron because policy's assault and battery exclusion endorsement precluded coverage. The underlying claims were fundamentally premised on the alleged assault, and clearly arose from circumstances falling within the exclusion.

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State v. Bridgers, No. 609, 2007, No. 610, 2007, SUPREME COURT OF DELAWARE, March 30, 2009, Decided
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State v. Brown, ID No. 0810006006, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2009, Decided
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Overview: Because a search warrant affidavit indicated that defendant was involved in a course of conduct evidencing a continuing violation and that his girlfriend had probably supplied him with handguns purchased eight and one months before the warrant was issued, the warrant was supported by sufficient probable cause and was not stale.

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State v. Gudzelak, I.D. No. 0407020818, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2009, Decided
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Overview: As inmate had alleged in his first motion for postconviction relief that his plea was not voluntary and that the prosecutor acted improperly, these issues had been addressed on merits, and he did not present any new evidence warranting consideration under fundamental fairness exception of Del. Super. Ct. R. Crim. P. 61(i)(5), motion was denied.

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State v. Sullins, I.D. No. 0503013152, SUPERIOR COURT OF DELAWARE, KENT, March 30, 2009, Decided
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State v. Wright, I.D. No. 0805009136, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2009, Decided
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Tunney v. Hilliard, No. 476, 2008, SUPREME COURT OF DELAWARE, March 30, 2009, Decided
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