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   State Courts - Delaware - March 11 - March 12, 2002

  
Beaudet v. Thomas, No. 337, 2001, SUPREME COURT OF DELAWARE, March 11, 2002, Decided
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Overview: The injured party failed to object to the photographs when they were submitted and there was no plain error in denying a motion for a new trial and/or additur. However, the trial court should have awarded costs to the tortfeasor.

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Brown v. State, No. 437, 2001, SUPREME COURT OF DELAWARE, March 11, 2002, Decided
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Overview: Defendant's sentence reversed and remanded after his probation violation. Sentencing principles also applied to sentencing after violation of probation, and sentence had to include starting and ending dates and length of sentence.

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Roth v. State, No. 197, 2001, SUPREME COURT OF DELAWARE, March 11, 2002, Decided
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State v. Fortt, ID No.: 9710005008, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 11, 2002, Decided
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Overview: Defendant failed to show that trial counsel was ineffective for not moving to suppress evidence after unlawful vehicle stop and detention, as no evidence was seized during the vehicle search. Motion for postconviction relief was denied.

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State v. Ryons, ID #: 0006002195, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 11, 2002, Decided
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Overview: Court saw no basis to find that trial counsel fell below an objective standard, nor that a failure on trial counsel's part resulted in prejudice to defendant. Defendant's motion for postconviction relief was denied.

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Webb v. Dickerson, C.A. No. 01C-02-269-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 11, 2002, Decided
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Overview: Summary judgment was denied to both parties in motor vehicle negligence action, as release signed by plaintiff did not operate as bar if both parties were mutually mistaken as to existence or extent of injuries at time they entered into release.

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Blake v. State, No. 477, 2001, SUPREME COURT OF DELAWARE, March 12, 2002, Decided
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Overview: Surgeon's statement that he was satisfied to reasonable medical certainty that 1997 accident accelerated condition that required later knee surgery supported industrial accident board's finding that the accident proximately caused the surgery.

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Edwards v. Family Practice Assocs., CIVIL ACTION NUMBER 98C-02-122-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 12, 2002, Decided
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Overview: Facts alleged did not support wrongful death claim. Causes of action for continuing negligent medical treatment and loss of chance could be maintained, but claim was barred if negligence within limitations period was not cause of injury.

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Wilmington Firefighters Ass'n, Local 1590 v. City of Wilmington, Civil Action No. 19035, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 12, 2002, Decided
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Overview: Court reversed decision of public employee relations board and ordered that city and firefighters union were to propose order implementing CBA parity provision in view of city's collective bargaining agreement with police union.

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Wittrock v. State, No. 529, 2001, SUPREME COURT OF DELAWARE, March 12, 2002, Decided
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