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| Broadnax v. State, No. 412, 2004,
SUPREME COURT OF DELAWARE, March 22, 2005, Decided
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Overview: Upon appellate counsel's filing of a brief in accordance with Del. Sup. Ct. R. 26(c) and a finding that defendant failed to raise any arguably appealable issues upon the motion by the State, defendant's appeal was held to be wholly without merit, and his convictions were affirmed. Thus, counsel's motion to withdraw was moot.
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| DeAngelo v. State, No. 255, 2004,
SUPREME COURT OF DELAWARE, March 22, 2005, Decided
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Overview: Summary denial of defendant's habeas corpus petition was proper, as he was convicted by a court of competent jurisdiction and was serving a term of imprisonment on a valid commitment which had not expired. But, remand was ordered to remove a conviction which was reversed on appeal, along with the accompanying sentence.
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| McKnight v. USAAA Cas. Ins. Co., C.A. No. 04C-09-134 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 22, 2005, Decided
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Overview: A trial court interpreted a homeowners' insurance policy and granted partial summary judgment to the insurer because the policy clearly limited the insurer's liability for a mold and fungi claim of the insureds to $ 2,500 for property damage and $ 2,000 for loss of use.
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| Smith v. Keystone Ins. Co., C.A. No. 03C-06-037 WLW,
SUPERIOR COURT OF DELAWARE, KENT, March 22, 2005, Decided
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Overview: Although the insureds failed to report a previous claim in their insurance application, summary judgment was inappropriate because a material issue of fact existed pursuant to the insurance contract and Del. Code Ann. tit. 18, ¿ 2711 as to whether this misrepresentation was attributable to the insureds.
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| State ex rel. Brady v. Pettinaro Enters., C.A. No. 297-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 22, 2005, Decided
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Overview: As the Del. Code Ann. tit. 6, ¿ 2506 statute of limitations explicitly applied to actions brought under the Consumer Fraud Act, Del. Code Ann. tit. 6, ¿¿ 2511-2527, and the Deceptive Trade Practices Act, Del. Code Ann. tit. 6, ¿¿ 2531-2536, most of the claims against a real estate developer and its affiliates under these acts were time-barred.
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| State v. Jones, Case I.D. 9911016309,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 22, 2005, Decided
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Overview: Defendant's motions to disqualify the judge and for a new trial were denied, after his conviction for three counts of capital murder that resulted in the jury recommending the death sentence, because a conversation overhead by a client for defense counsel wherein the judge expressed frustration with the defense did not warrant recusal.
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| Swanson v. State, No. 393, 2004,
SUPREME COURT OF DELAWARE, March 22, 2005, Decided
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Overview: Defendant's convictions were affirmed where, pursuant to Del. Sup. Ct. R. 26(c), appellate court reviewed record and concluded that the appeal was wholly without merit and devoid of any arguably appealable issue, and was satisfied that defendant's counsel properly determined that defendant was unable to raise a meritorious claim on appeal.
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| Traynor v. State, No. 295, 2004,
SUPREME COURT OF DELAWARE, March 22, 2005, Decided
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Overview: Sufficient evidence supported defendant's convictions for felony theft and falsifying business records where it showed that defendant obtained check written by another person intending to deprive that person of it and, with intent to defraud, altered a true entry in the business records of an enterprise so as to reflect an incorrect amount of debt.
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| Wiehl v. Eon Labs, C.A. No. 1116-N, C.A. No. 1117-N, C.A. No. 1119-N, C.A. No. 1125-N, C.A. No. 1134-N, C.A. No. 1136-N, C.A. No. 1139-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 22, 2005, Decided
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Overview: Upon a consolidation motion filed by three law firms seeking lead counsel positions to pursue a class action suit because the chancery court was unable to distinguish the firms regarding the quality of the pleadings, the stakes involved, and the organizational vote and it could not accept an unfair shareholder vote, a new vote was ordered.
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