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   State Courts - Delaware - February 29, 2000

  
Leung v. Schuler, C.A. No. 17089, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, February 29, 2000, Date Decided
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Overview: Stockholder's derivative and class action suits against corporation and directors alleging that issuance of shares to insiders was invalid, constituted waste of assets, violated duties of care and loyalty was dismissed.

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Miranda v. Dupont, C.A. No. 99A-04-015 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 29, 2000, Decided
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Overview: Employee was not a prima facie displaced worker for disability purposes as her employment opportunities had not dramatically changed due to work-related injury. Employee did not make reasonable efforts in securing new job.

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Moseley v. Board of Assessment Review & New Castle County, C.A. No. 99A-09-007 CG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 29, 2000, Date Decided
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Overview: No part of property leased to golf course developer remained eligible for tax breaks pursuant to Delaware's Farmland Assessment Program.

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Moseley v. Board of Assessment Review & New Castle County, C.A. No. 99A-09-008 CG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 29, 2000, Date Decided
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Overview: County assessor improperly assessed improvement to property, to be developed into a golf course, where it presented no evidence of the value of the irrigation system but considered all construction as special betterments.

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Mosley v. State, No. 451, 1998, SUPREME COURT OF DELAWARE, February 29, 2000, Decided
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Overview: Reasonable suspicion to search, and probable cause to seize crack cocaine, existed where officer received information about undercover buy, and could feel rocky substance in defendant's brassiere; suppression properly denied.

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Pierce v. State, No. 400, 1999, SUPREME COURT OF DELAWARE, February 29, 2000, Decided
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Overview: Appellant was not entitled to a writ of habeas corpus where he was tried by a court of competent jurisdiction, convicted and sentenced. Appellant's appeal was without merit as settled Delaware law controlled the issues.

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Public Water Supply Co. v. DiPasquale, Civil Action No. 98A-02-005, SUPERIOR COURT OF DELAWARE, SUSSEX, February 29, 2000, Decided
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Overview: The court remanded the matter back to Environmental Appeals Board (Board) and provided guidance on legal issues. Court was reluctant to base a ruling on issues and theories not considered by the agency or the Board below.

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Sewell v. Delaware River & Bay Auth., Civil Action No. 99A-07-003, SUPERIOR COURT OF DELAWARE, SUSSEX, February 29, 2000, Decided
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Overview: When industrial injury triggered disability or impairment from latent condition, entire condition was compensable and no attempt to apportion workers' compensation between accident and pre-existing condition could be made.

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State v. Hunter, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, February 29, 2000, Decided
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Overview: Evidence that defendant's fingerprints came back to individual with different name, and improper closing statements of prosecutor that trivialized burden of proof, did not prejudice defendant so as to warrant a new trial.

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Williams v. State, No. 285, 1999, SUPREME COURT OF DELAWARE, February 29, 2000, Decided
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Overview: Although the evidence against appellant was primarily impermissible hearsay, there was sufficient competent evidence to support the trial court's finding that appellant violated the terms of her probation.

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