Delaware, March, 2009, State Case law

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State Courts - Delaware - March 31, 2009

Pena v. Cooper Tire & Rubber Co., C.A. No. 07C-06-059-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2009, Decided
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Pettit v. Country Life Homes, Inc., C.A. No. 03C-03-026-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, March 31, 2009, Decided
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Stacey v. People's Settlement, C.A. No. 08A-06-011 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2009, Decided
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Overview: Because a teacher did not read a claims deputy's notice of determination, and because she was responsible for failing to timely file an appeal under Del. Code Ann. tit. 19, ? 3318(b), the Unemployment Insurance Appeal Board properly declined to exercise jurisdiction under Del. Code Ann. tit. 19, ? 3320(a) sua sponte to hear the merits of her claim.

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State v. Camacho, I.D. # 0708025863, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2009, Decided
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Overview: Because defendant never indicated that he had any difficulty understanding a translator, and because he indicated on the truth-in-sentencing guilty plea form that he was fully satisfied with defense counsel's representation, defendant failed to make the requisite showing that counsel was ineffective and that he was prejudiced thereby.

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State v. Johnson, I.D. No. 9908026980, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2009, Decided
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Overview: Because defendant's motion for postconviction relief was untimely, because his decision to accept a guilty plea was based upon his incriminating statement to the police and his prior criminal record, defendant's claims did not warrant consideration pursuant to the fundamental fairness exception of Del. Super. Ct. R. Crim. P. 61(i)(5).

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