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   State Courts - Delaware - March 19, 2003

  
Delta Eta Corp. v. City Council of Newark, C.A. No. 02A-07-009 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 19, 2003, Decided
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Overview: Where requirements necessary for approval of major subdivision were met, and intended use of leasing apartment building to fraternity was expressly permitted by applicable zoning code, approval of subdivision application should not have been denied.

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Fisher v. State, No. 603, 2002, SUPREME COURT OF DELAWARE, March 19, 2003, Decided
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Overview: Defendant's appeal of the denial of his motion to reduce his violation of probation sentence could not attack the merits of his violation of probation conviction, or claims not raised in sentence reduction motion. Sentence did not show plain error.

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In re Dickens, No. 40, 2003, SUPREME COURT OF DELAWARE, March 19, 2003, Decided
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In re Gillespie, No. 32, 2003, SUPREME COURT OF DELAWARE, March 19, 2003, Decided
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Overview: The Delaware Supreme Court could not issue a writ of mandamus for credit for time served because defendant had another adequate remedy at law through his pending motion before the superior court for credit for time served.

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In re Love, No. 37, 2003, SUPREME COURT OF DELAWARE, March 19, 2003, Decided
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In re Marvel, No. 29, 2003, SUPREME COURT OF DELAWARE, March 19, 2003, Decided
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Overview: Defendant's petition for a writ of mandamus following the denial by the superior court of his habeas corpus petition was dismissed because defendant could have appealed from the denial of his habeas petition but did not.

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In re Summers, No. 39, 2003, SUPREME COURT OF DELAWARE, March 19, 2003, Decided
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Overview: Defendant's petition for a writ of mandamus was denied because defendant did not demonstrate that the superior court arbitrarily failed or refused to perform a duty owed to defendant in his acquisition of a hearing transcript and order.

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Ins. Co. of Pa. v. Pan Am Energy LLC, C.A. No. 19629-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 19, 2003, Decided
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Overview: Indemnity agreement which LLC concluded with insurance companies required a rating bureau to downgrade LLC's debt rating before LLC was liable to post collateral, and court held that the obligation was not triggered until downgrade actually occurred.

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Robinson v. State, No. 654, 2002, SUPREME COURT OF DELAWARE, March 19, 2003, Decided
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Overview: Delaware defendant could not challenge a forfeiture proceeding for lack of notice where the State provided notice by certified mail and publication and the evidence established that defendant had actual notice.

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Winn v. State, No. 328, 2002, SUPREME COURT OF DELAWARE, March 19, 2003, Decided
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Overview: The victim's prior consistent statement had probative value because it helped establish her credibility where her delay in reporting the crimes defendant committed upon her could have cast doubt on her account of the relevant events.

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