Delaware, April, 2009, State Case law

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State Courts - Delaware - April 14 - April 17, 2009

Harper v. State, No. 417, 2008, SUPREME COURT OF DELAWARE, April 14, 2009, Decided
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Overview: It was not an abuse of discretion in violation of Del. R. Evid. 608 to allow the State to cross-examine defendant about his use of a false name in an unrelated case. His testimony was crucial to his claim of innocence, and the prosecutor's questions were very brief and did not cause delay or risk confusing the jury about the key issues in the case.

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Oduche v. State, No. 70, 2009, SUPREME COURT OF DELAWARE, April 14, 2009, Decided
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State v. Adkins, No. 374, 2007, SUPREME COURT OF DELAWARE, April 14, 2009, Decided
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Overview: The supreme court declined to determine whether a potential 30 month sentence under Del. Code Ann. tit. 21, ? 4176A violated due process because defendant had not been tried, convicted, and sentenced. Because ? 4176A did not set a mandatory minimum sentence, the State could recommend a sentence within the 30 month range.

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State v. Hickman, Def. ID # 0104000979, SUPERIOR COURT OF DELAWARE, SUSSEX, April 14, 2009, Decided
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Hartford Ins. Co. v. Cmty. Sys., C.A. No. 08C-12-257 PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 16, 2009, Decided
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Koach v. Capano Invs., C.A. No. 07C-02-196-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 16, 2009, Decided
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Croll v. State, No. 163, 2009, SUPREME COURT OF DELAWARE, April 17, 2009, Decided
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State v. Crespo, I.D. No. 0506005562, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 17, 2009, Decided
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Overview: A judgment granting defendant's motion to suppress the results of a blood test taken upon suspicion of DUI (Del. Code Ann. tit. 21, ? 4177(a)) was reversed, as the trial court erred in determining that the forcible extraction of defendant's blood was unlawful. The trial court failed to consider Delaware's statutory DUI chemical testing scheme.

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