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   State Courts - Delaware - March 23 - March 26, 2007

  
Ingram v. Lasalle Nat'l Bank, No. 425, 2006, SUPREME COURT OF DELAWARE, March 23, 2007, Decided
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Ingram v. Messina Mel, Inc., No. 419, 2006, SUPREME COURT OF DELAWARE, March 23, 2007, Decided
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Sanders v. Lewis, No. 59, 2004, SUPREME COURT OF DELAWARE, March 23, 2007, Decided
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Shaw v. State, No. 538, 2006, SUPREME COURT OF DELAWARE, March 23, 2007, Decided
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Overview: DUI conviction was affirmed; evidence presented at trial was sufficient to establish defendant was driver of vehicle involved in accident, police officer smelled alcohol on defendant's breath, defendant admitted to drinking before driving, and defendant was unable to recite the alphabet past the letter "B" before starting to transpose letters.

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State v. Strickland, I.D. No.0607017802, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 23, 2007, Decided
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Overview: Because the similarities between the six incidents were sufficient evidence under Del. R. Evid. 404(b) to demonstrate a common scheme or plan, and because defendant was not prejudiced and conceded that the offenses were properly joined under Del. Super. Ct. R. Crim. P. 8, his Del. Super. Ct. R. Crim. P. 14 motion to sever the charges was denied.

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In re Snead, Defendant ID No. 0105002628, SUPERIOR COURT OF DELAWARE, SUSSEX, March 26, 2007, Decided
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Mehiel v. Solo Cup Co., C.A. No. 06C-01-169-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 26, 2007, Decided
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Overview: Trial court granted cup company's motion to dismiss count one alleging fraudulent inducement, count two alleging fraudulent inducement, count three alleging breach of contract pertaining to the St. Thomas facility, and count five alleging unjust enrichment, as those matters already had been presented in and resolved in arbitration.

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Ragland v. State, No. 499, 2006, SUPREME COURT OF DELAWARE, March 26, 2007, Decided
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Overview: Appellant was not entitled to the return of money that had been seized from his person at the time of his arrest for marijuana possession because he was given proper notice of the forfeiture proceedings under Del. Code Ann. tit. 16, § 4784 and Del. Super. Ct. R. Civ. P. 71.3(c) and his petition was not filed within 45 days as required.

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Troy Corp. v. Schoon, C.A. No. 1959-VCL, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 26, 2007, Decided
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Overview: Investment banking entities' motion to dismiss under Del. Ch. Ct. R. 12(b)(3) a manufacturer's breach of contract and related fiduciary duty claims was denied because the forum selection clause in an agreement between the parties was inapplicable, and the manufacturer's suit was properly maintainable in the chancery court where it was commenced.

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