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   State Courts - Delaware - March 22, 2002

  
Bartley v. Covert, No. 544, 2001, SUPREME COURT OF DELAWARE, March 22, 2002, Decided
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Epperson v. State, No. 532, 2001, SUPREME COURT OF DELAWARE, March 22, 2002, Decided
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Overview: Defendant was not entitled to correction of sentence. He did not receive three separate sentences, as he claimed. He received two sentences, one for each felony, and one underlying sentence was enhanced, as defendant was habitual offender.

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Forehand v. State, No. 515, 2001, SUPREME COURT OF DELAWARE, March 22, 2002, Decided
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Overview: There was no error in the trial court's conclusion that defendant violated the terms of his probation, as defendant admitted that he never reported to his probation officer in order to begin a boot camp aftercare portion of his sentence.

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Fortt v. State, No. 574, 2001, SUPREME COURT OF DELAWARE, March 22, 2002, Decided
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Overview: Supreme court affirmed judgment which denied defendant's motion for postconviction relief since three issues had been considered and rejected in his direct appeal, and his ineffective assistance claim was not raised in lower court.

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In re Webb, No. 50, 2002, SUPREME COURT OF DELAWARE, March 22, 2002, Decided
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Overview: Supreme court denied criminal defendant's application for writ of mandamus since he did not demonstrate superior court had arbitrarily failed or refused to perform duty owed to him.

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Moody v. State, No. 526, 2001, SUPREME COURT OF DELAWARE, March 22, 2002, Decided
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Overview: Defendant was not entitled to appointed counsel at the violation of probation hearing, because his mitigation of the violation, that his father had recently passed away, was simple and easy to develop and present.

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Rafferty v. Century Eng'G, C.A. No. 98C-08-247 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 22, 2002, Decided
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Overview: General contractor had no duty to decedent where any ability it retained to control employer was more akin to ensuring contract compliance than controlling manner and methods used by employer to fulfill its policies for safety of employees.

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Smith v. State, No. 603, 2001, SUPREME COURT OF DELAWARE, March 22, 2002, Decided
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Overview: Defendant's motion for postconviction relief was properly denied, where he sought to challenge his conviction on the grounds that the victim's inculpatory statement was an improper basis for his convictions. The claim was procedurally barred.

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State v. Shaner, No. 462, 2001, SUPREME COURT OF DELAWARE, March 22, 2002, Decided
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Thompson v. F.B. Cross & Sons, Inc., No. 320, 2000, SUPREME COURT OF DELAWARE, March 22, 2002, Decided
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Overview: Independent contractor's duty to design did not exist unless contract required redesign of machine. Summary judgment was reversed where there was fact dispute about whether independent contractor reconfiguration was design change.

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