Delaware, March, 2007, State Case law

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State Courts - Delaware - March 28, 2007

Bloom v. Turner, No. 597, 2006, SUPREME COURT OF DELAWARE, March 28, 2007, Decided
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Douglas v. State, Nos. 316/333, 2006, SUPREME COURT OF DELAWARE, March 28, 2007, Decided
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Overview: Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was properly denied because appellant failed to demonstrate how any alleged error on his counsel's part resulted in prejudice to him. Because appellant did not request to represent himself, dismissal of claim based on an alleged denial of his right to proceed pro se was proper.

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Downing v. State, No. 359, 2006, SUPREME COURT OF DELAWARE, March 28, 2007, Decided
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Overview: Denial of Del. Super. Ct. R. Crim. P. 61 motion for post conviction relief was proper because appellant failed to raise claims in direct appeal, and failed show cause for the failure and prejudice, so those claims were procedurally barred. Appellant also failed to show that alleged error on part of his counsel affected outcome of his case.

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In re Brown, No. 70, 2007, SUPREME COURT OF DELAWARE, March 28, 2007, Decided
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Johnson v. State, No. 426, 2006, SUPREME COURT OF DELAWARE, March 28, 2007, Decided
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Overview: Denial of motion for sentence modification was proper because appellant was not entitled under Del. Code Ann. tit. 11, ? 6712(h) to credit for time spent in boot camp program as he served no portion of deferred, related level V sentence before entering it. It was immaterial that he was serving unrelated level V sentence before entering program.

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Kelly v. State, No. 53, 2007, SUPREME COURT OF DELAWARE, March 28, 2007, Decided
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Overview: Because defendant's response to an order to show cause raised issues regarding the substantive merit of his appeal, and because nothing in the record reflected that his failure to file a timely notice of appeal was attributable to court-related personnel, pursuant to Del. Sup. Ct. R. 6, 29(b), the appeal was dismissed.

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Monnat v. Sparks, No. 532, 2006, SUPREME COURT OF DELAWARE, March 28, 2007, Decided
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Overview: Husband failed to demonstrate any error on the part of the trial court in entering a wife's proposed alimony order and denying his motion for clarification because he conceded that he received, but failed to fill out, the Del. Fam. Ct. R. Civ. P. 16(c) financial report and return it to the trial court within the required deadline.

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Sheridan v. Bd. of Adjustment, No. 526, 2006, SUPREME COURT OF DELAWARE, March 28, 2007, Decided
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State v. Dawkins, ID #: 0210013335A, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 28, 2007, Decided
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Overview: Defendant's motion for postconviction relief was denied as (1) but for claim of ineffective assistance of counsel, defendant's claims were barred by Del. Super. Ct. R. Crim. P. 61(i)(3) and (4), and (2) as to ineffective assistance of counsel claim, evidence proving defendant guilty of murder in first degree and possession of weapon was not close.

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Talley v. State, No. 497, 2006, SUPREME COURT OF DELAWARE, March 28, 2007, Decided
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Overview: Appellant's robbery and receiving stolen property convictions were affirmed where the trial court had properly limited an officer's testimony about his conversation with the owner of the vehicle used in the crime and properly admitted the victim's clearly voluntary out-of-court statement. Appellant had also waived his right to self-representation.

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