Delaware, March, 2004, State Case law

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State Courts - Delaware - March 25, 2004

Boo'ze v. State, No. 331, 2003, SUPREME COURT OF DELAWARE, March 25, 2004, Decided
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Overview: Purported real estate developer who swindled victim into investing money in his worthless company was properly convicted of securities violations and given unusually long sentence; there was no speedy trial violation and bail was not excessive.

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Correa v. State, No. 559, 2003, SUPREME COURT OF DELAWARE, March 25, 2004, Decided
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Cummings v. State, No. 401, 2003, SUPREME COURT OF DELAWARE, March 25, 2004, Decided
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Overview: There was no abuse of discretion in excluding evidence as to the victim's accusation about her brother resulting in his arrest because the information was irrelevant. Exclusion of the son's testimony was proper as it was irrelevant and cumulative.

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Hampton v. Warren-Wolfe Assocs., C.A. No. 02C-10-037 WLW, SUPERIOR COURT OF DELAWARE, KENT, March 25, 2004, Order Issued
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Overview: Where discovery had not been completed and there were factual disputes over the parties' reliance on an inspection report, whether the buyers were third-party beneficiaries of the report, and unconscionability, summary judgment was inappropriate.

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Kopicko v. State, No. 458, 2003, SUPREME COURT OF DELAWARE, March 25, 2004, Decided
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Overview: Trial court properly affirmed an administrative board's denial of a grievance filed against an agency by a former employee; the evidence supported the finding of the board that the termination was not based on impermissible non-merit factors.

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Manuel v. State, No. 95, 2003, SUPREME COURT OF DELAWARE, March 25, 2004, Decided
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Overview: Where a trial court chose to believe the evidence presented by the police rather than that of defendant's girlfriend, it did not abuse its discretion in denying defendant's motion to suppress.

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Marin v. State, No. 586, 2003, SUPREME COURT OF DELAWARE, March 25, 2004, Decided
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Overview: Trial court's summary denial of defendant's motion for postconviction relief without an evidentiary hearing was proper where the commissioner found that defendant failed to show that any alleged deficiency of counsel prejudiced his case.

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State ex rel. Sec'y of the DOT v. v.ECR Props., Inc., C.A. No. 98C-10-043-THG, SUPERIOR COURT OF DELAWARE, SUSSEX, March 25, 2004, Date Decided
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Overview: Developer that retained ownership of parcel that was arguably exempt from restrictive covenant requiring single-family dwellings could not argue in partial condemnation proceeding that parcel should have been valued for development with townhomes.

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Unanue v. Unanue, Civil Action No. 204-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, March 25, 2004, Decided
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Overview: Two directors and corporation did not prove third director's use of long-time corporation and family attorneys to defend against removal as director threatened to undermine fairness and integrity of proceeding; court denied motion to disqualify.

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Whiteman v. State, No. 500, 2003, SUPREME COURT OF DELAWARE, March 25, 2004, Decided
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Overview: Although defendant's probation had not been revoked or terminated, the underlying offense was still a predicate offense under the habitual offender statute.

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