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   State Courts - Delaware - March 22 - March 24, 2004

  
Hochstetler v. Del. Harness Racing Comm'n, No. 122, 2003, SUPREME COURT OF DELAWARE, March 22, 2004, Decided
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Overview: Delaware Racing Commission Rules and Regulations specifically banned all medicines of any kind unless specifically allowed. There was no rule allowing phenylbutazone in two-year-old horses, so horse trainer was on notice that it was banned.

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In re Mumford, 9610010004 and 0206000210, SUPERIOR COURT OF DELAWARE, SUSSEX, March 22, 2004, Decided
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Overview: Trial court denied defendant's motion for postconviction relief from its order revoking his probation because defendant did not raise argument he raised in his motion during hearing which court held to determine if his probation should be revoked.

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State v. Vanlier, ID #: 9809006423, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 22, 2004, Decided
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Overview: Defendant's motion for postconviction relief was denied, in part, as to his claims that were brought or should have been brought on appeal; however expansion of the record was ordered for defendant's ineffective assistance of counsel claims.

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Perry v. Dover Fed. Credit Union, C.A. No. 04C-01-018 WLW, SUPERIOR COURT OF DELAWARE, KENT, March 23, 2004, Decided
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Overview: Where the customers presented evidence of a credit union's breach of contract and negligence and where the remitter of a cashier's check was not an indispensable party to the action, the credit union's motion to dismiss was denied.

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Hickman v. State, No. 455, 2003, SUPREME COURT OF DELAWARE, March 24, 2004, Date Decided
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Overview: Detectives' identification of defendant from a single photo was not impermissibly suggestive as both detectives recognized defendant from an earlier incident and had a reasonably long period to observe defendant during a drug transaction.

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In re Hillis, No. 321, 2003, SUPREME COURT OF DELAWARE, March 24, 2004, Decided
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Overview: Where an attorney was openly sarcastic and disrespectful to a judge after a miscommunication about a case schedule, the facts supported a finding of contempt and the trial judge's sanction was a reasonable response to the misconduct.

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Morrison v. State, No. 562, 2003, SUPREME COURT OF DELAWARE, March 24, 2004, Decided
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Overview: Where defendant's third motion for modification of sentence was filed five years after the sentence was imposed, the superior court did not abuse its discretion by denying the motion as untimely.

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Scharf v. Edgcomb Corp., C.A. No. 15224-NC, COURT OF CHANCERY OF DELAWARE, KENT, March 24, 2004, Decided
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Overview: Although a corporate officer satisfied the elements of the indemnification statute, arising from an investigation of him by the Securities and Exchange Commission, his claim was barred by the three-year limitations period.

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