Delaware, March, 2003, State Case law

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State Courts - Delaware - March 20, 2003

Cruz v. Ryder Pub. Transp., C.A. No. 02A-07-012 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 20, 2003, Decided
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Overview: A petition for additional compensation due for permanent impairment was properly denied where medical evidence conflicted, evidence showed no loss of range of motion after first doctor visit. Pain not associated with loss of use was not compensable.

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Desmond v. State, No. 692, 2002, SUPREME COURT OF DELAWARE, March 20, 2003, Decided
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Overview: A post-conviction petitioner who filed five years late was not entitled to relief from procedural default where he failed to show any constitutional violation necessitating relief in the interest of justice or to prevent a miscarriage of justice.

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Downs v. State, No. 165, 2002, SUPREME COURT OF DELAWARE, March 20, 2003, Decided
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Overview: Supreme court affirmed trial court's adoption of commissioner's recommendation; sufficient evidence supported decision that $ 1,800 seized from claimant's home was from drug bust, not legal gambling, and was not to be returned to him.

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Hartmann v. State, No. 697, 2002, SUPREME COURT OF DELAWARE, March 20, 2003, Decided
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Hercules, Inc. v. Smith, No. 114, 2003, SUPREME COURT OF DELAWARE, March 20, 2003, Decided
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Robinson v. State, No. 377, 2002, SUPREME COURT OF DELAWARE, March 20, 2003, Decided
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Slade v. State, No. 512, 2002, SUPREME COURT OF DELAWARE, March 20, 2003, Decided
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Overview: Supreme court affirmed denial of drug charge defendant's postconviction relief motion; sufficient evidence supported trial court's accomplice instructions and conviction for defendant's presence when drugs were sold to undercover officer.

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Summers v. State, No. 670, 2002, SUPREME COURT OF DELAWARE, March 20, 2003, Decided
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Overview: Defendant's petition for postconviction relief was properly summarily dismissed because he was no longer in custody for the offense from which he sought relief.

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