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   State Courts - Delaware - March 13 - March 14, 2003

  
Battaglia Elec., Inc. v. Bancroft Constr. Co., C.A. No. 01C-04-114 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 13, 2003, Decided
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Overview: The trial court was precluded from awarding summary judgment to a general contractor because material facts were in dispute with regard to the subcontractor's contract claim and because of the limited scope of the subcontractor's signed release.

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In re McDermott-Lundin, No. 129, 2003, SUPREME COURT OF DELAWARE, March 13, 2003, Decided , March 13, 2003, Filed
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Mells v. State, No. 662, 2002, SUPREME COURT OF DELAWARE, March 13, 2003, Decided
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State v. Condon, I.D. No. 89001750DI, Cr.A. # ID IN89-03-0278, IN89-03-0279, IN89-03-1647, IN89-03-1648, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 13, 2003, Decided
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Overview: Trial court denied convicted sex offender's postconviction motion claims as 8.5 years late and as not demonstrating existence of constitutional violation resulting in miscarriage of justice or undermining fundamental fairness of proceedings.

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Mikkelborg v. Gonzalez, C.A. No. 99C-09-275 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 14, 2003, Decided
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Overview: Trial court granted stopped driver's new damage trial motion; zero damage verdict was unacceptable since uncontradicted medical testimony established causal link between following driver's rear-ending accident and injuries sustained.

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State v. Davis, I.D. No. 0112019129, Cr.A. # ID IN02-01-1283, IN02-01-1284, IN02-01-1289, PN02-01-1277, PN02-01-1278, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 14, 2003, Decided
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Overview: Defendant's motion for postconviction relief was procedurally barred because of the failure to demonstrate the existence of a procedural default.

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Venables v. Smith, CIVIL ACTION NUMBER 02C-09-126-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 14, 2003, Decided
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Overview: The law firm and attorney failed to show as a matter of law that the transfer of properties into the limited liability company was fraudulent, as the client stated that her subjective intent was to avoid personal injury liability, not to defraud.

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