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   State Courts - Delaware - March 30 - April 1, 2004

  
Benson v. State, No. 142, 2003, SUPREME COURT OF DELAWARE, March 30, 2004, Decided
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In re Epperson, No. 55, 2004, SUPREME COURT OF DELAWARE, March 30, 2004, Decided
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Overview: There was no basis for the state supreme court to issue an extraordinary writ of mandamus where the inmate offered no evidence to substantiate his claim that the prothonotary refused to docket any of his numerous filings for postconviction relief.

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Robinson v. Automodular Assemblies, C.A. No. 02A-07-011 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2004, Decided
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State v. Grosvenor, ID No. 0204003496, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 30, 2004, Decided
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Overview: An inmate's claim that his counsel failed to investigate potential defense witnesses was belied by record; and even if true, he was not prejudiced, since by pleading guilty, he gave up right to present evidence and to challenge charges against him.

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Backus v. State, No. 99, 2003, SUPREME COURT OF DELAWARE, March 31, 2004, Decided
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Overview: Trial court's denial of motion to suppress cocaine found in pat-down search for guns on drug seller and cooker outside brother's house was proper based on police knowledge he cooked cocaine at house, made cocaine sales, and carried guns.

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Beam v. Stewart, No. 501, 2003, SUPREME COURT OF DELAWARE, March 31, 2004 Decided
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Overview: Trial court did not err in dismissing a shareholder's derivative action against a corporation and its board of directors because presuit demand was not excused where the shareholder did not sufficiently plead board non-independence to excuse demand.

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Correa v. State, No. 81, 2004, SUPREME COURT OF DELAWARE, March 31, 2004, Decided
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Rosenthalis v. Doctors for Emergency Servs., P.A., C.A. No. 99C-09-217-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 31, 2004, Decided
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Overview: When wrongful death and survival claims were filed by a widow and three children against healthcare providers insured by an insolvent insurer, insurance guaranty association was liable in the amount of its statutory maximum liability on each claim.

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Dordell v. State, C.A. No. 492, 2003, SUPREME COURT OF DELAWARE, April 1, 2004, Decided
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Overview: Trial court's approval of probation officer's (PO) imposition of more stringent limitations upon sex offender defendant's right, when released, to come into contact with minors was proper; PO had broad authority and due process was not violated.

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Moore v. Fan, C.A. No. 02C-09-027 WLW, SUPERIOR COURT OF DELAWARE, KENT, April 1, 2004, Decided
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Overview: Where there was a genuine issue of material fact as to when an injection was given to a patient, it was inappropriate to grant a doctor's and a clinic's motion for summary judgment.

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