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   State Courts - Delaware - April 10 - April 12, 2007

  
Miller v. State, No. 138, 2006, SUPREME COURT OF DELAWARE, April 10, 2007, Decided
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Overview: Police and probation officers had reasonable and articulable suspicion to seize defendant for loitering after the surveillance team watched defendant sit on the steps of a vacant business for 20 to 30 minutes, where the building was formerly used in illegal bookmaking operation and the area was known for drug problems and other criminal activity.

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Rizzo v. Joseph Rizzo & Sons Constr. Co., C.A. No. 2551-VCS, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 10, 2007, Decided
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Overview: Court of Chancery of Delaware had jurisdiction over a shareholder's ejectment action because it was brought derivatively on behalf of a limited liability company under Del. Code Ann. tit. 6, § 18-1001 as the action rested on an asserted breach of fiduciary duty and was ancillary to the rest of the shareholder's claims sounding in equity.

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State v. Rutledge, I.D. No. 0610021280, SUPERIOR COURT OF DELAWARE, KENT, April 10, 2007, Decided
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Overview: Defendant's motion to dismiss was granted as to charges of possession of child pornography, as defendant had previously pled guilty to child pornography charges arising from the same evidence, and defendant entered into his plea bargain with the expectation that all pending charges would be resolved.

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State v. Tucker, ID # 0608016366, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2007, Decided
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Overview: Defendant's motion to suppress evidence seized in his bedroom was granted where the probation officers conducted an administrative search without making a reasonable attempt to determine whether the co-occupant, a probationer, owned, possessed, or controlled defendant's bedroom.

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Estate of Carpenter v. Dinneen, Civil Action No. 1804-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 11, 2007, Decided
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Overview: An estate's summary judgment motion (Del. Ch. Ct. R. 56) was denied with respect to counterclaims of the decedent's financial advisors, in the estate's action to recover funds allegedly taken from the decedent when she was incompetent. There was sufficient evidence of a possible contractual relationship to support a tortious interference claim.

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State v. Seward, I.D. No. 0608023596, SUPERIOR COURT OF DELAWARE, KENT, April 11, 2007, Decided
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Overview: Exigent circumstances existed justifying warrantless entry into defendant's residence, as, inter alia, detectives reasonably believed defendant and CI had drug transaction pending, and one detective believed defendant knew he was being set up or would soon discover that he was being set up and would imminently remove or destroy contraband.

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Cheswold Fire Co. v. City of Dover, No. 393, 2006, SUPREME COURT OF DELAWARE, April 12, 2007, Decided
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Ramunno v. Capano, No. 476, 2006, SUPREME COURT OF DELAWARE, April 12, 2007, Decided
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