Delaware, April, 2002, State Case law

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State Courts - Delaware - April 12 - April 15, 2002

Blank Rome Comisky & McCauley Llp v. Vendel, C.A. No. 99C-05-012 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 12, 2002, Decided
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Overview: Delaware Superior Court lacked subject-matter jurisdiction to consider motion to vacate earlier stipulated arbitration order. Under Delaware Uniform Arbitration Act, request to nullify arbitrator's actions had to be filed in Delaware Chancery Court.

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Del. Solid Waste Auth. v. E. Shore Envtl., Inc., Civil Action No. 1472-K, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 12, 2002, Decided
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Overview: If county's violation of mandated process in zoning decision resulted in injury, redress was in suit against county, not third party. Members of general public had no standing to sue third party for county's failure to hold zoning hearing.

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State v. Chapman, ID. No. 0109020973, SUPERIOR COURT OF DELAWARE, KENT, April 12, 2002, Decided
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Overview: Where victim testified that he saw what appeared to be gun and his friend testified to the victim's shocked expression, such evidence was sufficient for jury to find that defendant displayed deadly weapon or firearm. Motion for acquittal was denied.

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Corbin v. State, No. 288, 2001, SUPREME COURT OF DELAWARE, April 15, 2002, Decided
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Esry v. St. Francis Hosp., CA No. 99C-02-209-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 15, 2002, Decided
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Overview: Since hospitals often dealt with unsound patient decisions, placing the lion's share of fault on a hospital was justifiable; the patient's loss of the ability to enjoy retirement was significant and substantial.

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State v. Conner, Def. ID # 0103017776, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 15, 2002, Decided
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Overview: Defendant was bound by his representations under oath that he voluntarily entered into a plea, and that he was satisfied with his attorney's representation; his sentence modification motion was time-barred and repetitive.

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