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   State Courts - Delaware - March 25 - March 26, 2003

  
Bugra v. State, No. 327, 2002, SUPREME COURT OF DELAWARE, March 25, 2003, Decided
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Overview: While the prosecutor's remark regarding defendant laughing at an American flag analogy was improper, defendant was not prejudiced, since it was not a close case, given the evidence. The trial court's steps taken to mitigate the error were sufficient.

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Crawford v. State, No. 594, 2002, SUPREME COURT OF DELAWARE, March 25, 2003, Decided
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Overview: Where it was manifest on the face of defendant's opening brief in his appeal of the trial court's denial of his motion to reduce his sentence that the appeal was without merit, the court affirmed the judgment of the trial court.

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Kearney v. New Rds. & Unemployment Ins. Appeal Bd., C.A. No. 02A-08-002 HDR, SUPERIOR COURT OF DELAWARE, KENT, March 25, 2003, Decided
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Overview: A claimant was properly denied unemployment benefits where she violated express attendance policy by not showing up for work and not calling in at least twice; unawareness of exact consequences did not preclude discharge for just cause.

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Kiser v. State, No. 600, 2002, SUPREME COURT OF DELAWARE, March 25, 2003, Decided
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Overview: Defense counsel that pursued a mistaken identity defense in accordance with defendant's wishes was not ineffective in deciding not to introduce into evidence a photograph of defendant taken at the time of the offenses charged.

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Mentor Graphics Corp. v. Shapiro, No. 492, 2002, No. 497, 2002, CONSOLIDATED, SUPREME COURT OF DELAWARE, March 25, 2003, Decided
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Overview: Trial court's judgment denying attorneys' fees to corporation that unsuccessfully attempted to acquire another corporation, based on argument its lawsuit negating anti-takeover defense benefited target corporation and its shareholders, was correct.

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Reyes v. State, No. 149 & 171, 2002, (Consolidated), SUPREME COURT OF DELAWARE, March 25, 2003, Decided
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Overview: A victim's statement that he was going to meet someone on night he was murdered was properly admitted as a present sense impression state of mind. While a declaration of past events was generally not admissible, a declaration of future intention was.

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State v. Patten, Cr. A. Nos. K96-09-0147I, K96-09-0148I, SUPERIOR COURT OF DELAWARE, KENT, March 25, 2003, Decided
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Overview: Defendant's petition for release from the obligation to register as a sex offender was denied, as the trial court could not determine defendant would not pose a threat to safety of others if defendant was released from his registration obligations.

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Whalen v. State, No. 540, 2002, SUPREME COURT OF DELAWARE, March 25, 2003, Decided
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Overview: Trial court's jurisdiction over lesser-included misdemeanor charges of third-degree sexual misconduct derived from its jurisdiction over original felony charge of continuous child sexual abuse. Allegation of a lack of jurisdiction was without merit.

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Del. Racing Ass'n v. Twin City Fire Ins. Co., C.A. No. 01C-12-051 (CHT), SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 26, 2003, Decided
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Overview: Ambiguity in umbrella insurance carrier's policy as to what constituted "practicing" horse racing, under a policy exclusion, was construed against insurer. Therefore, injuries sustained by "breeze riders" injured in a workout were not excluded.

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