Delaware, April, 2007, State Case law

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State Courts - Delaware - April 2 - April 3, 2007

Ismaaeel v. State, No. 59, 2007, SUPREME COURT OF DELAWARE, April 2, 2007, Decided
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Overview: Because nothing in the record reflected that defendant's failure to file a timely notice of appeal under Del. Sup. Ct. R. 6, 10(a) was attributable to court-related personnel, the appeal was dismissed pursuant to Del. Sup. Ct. R. 29(b).

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Stanton v. Stanton, No. 64, 2007, SUPREME COURT OF DELAWARE, April 2, 2007, Decided
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Overview: Because nothing in the record reflected that a mother's failure to file a timely notice of appeal under Del. Sup. Ct. R. 6, 10(a) was attributable to court-related personnel, her appeal was dismissed pursuant to Del. Sup. Ct. R. 29(b).

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State v. Norris, I.D. No. 0607020144, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 2, 2007, Decided
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Overview: Defendant was not entitled to withdraw his guilty plea pursuant to Del. Super. Ct. R. Crim. P. 32(d) as a robbery's victim alleged contact with defendant's family that indicated that defendant was not the actual perpetrator was not substantiated and defendant made a voluntary admission of guilt and waived his constitutional rights.

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Viking Pump, Inc. v. Liberty Mut. Ins. Co., C.A. No. 1465-VCS, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 2, 2007, Decided
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Overview: In an insurance coverage dispute, ambiguities in an original sales contract by which an LLC acquired a division of a predecessor company did not prevent summary judgment (Del. Ch. Ct. R. 56) in the LLC's favor on its claim that it had properly used the predecessor's insurance over the past twenty years and that it was entitled to continue to do so.

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Smith v. Larson, No. 124, 2006, SUPREME COURT OF DELAWARE, April 3, 2007, Decided
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Overview: When, after a review of each of the orders attached to a father's notice of appeal, no error or abuse of discretion was found, the Family Court judge properly engaged in the required two-party analysis related to the father's claim of personal bias, and the father's rights were not violated, said orders were affirmed.

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State v. King, I.D. No. 0606006030, SUPERIOR COURT OF DELAWARE, KENT, April 3, 2007, Issued
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Overview: Defendant's motions to suppress evidence seized by the police were denied; based on the circumstances a reasonable person would believe that defendant was driving under the influence of alcohol. Therefore, probable cause existed for an officer to administer an Intoxilyzer test based on implied consent (Del. Code Ann. tit. 21, ? 2740(a)).

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State v. Simmons, I.D. No. 0303006326, Cr. A. No. IN03-03-2423R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 3, 2007, Decided
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Overview: While defendant's pro se motion for postconviction relief met the procedural requirements of Del. Super. Ct. R. Crim. P. 61, defendant failed to establish an indirect claim of ineffective assistance of counsel as there was no support for allegations, inter alia, that he was coerced into making a guilty plea.

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Tyndall v. State, No. 91, 2006, SUPREME COURT OF DELAWARE, April 3, 2007, Decided
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