Delaware, April, 2007, State Case law

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State Courts - Delaware - April 13 - April 16, 2007

Burton v. State, No. 665, 2006, SUPREME COURT OF DELAWARE, April 13, 2007, Decided
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Hickman v. State, No. 29, 2007, SUPREME COURT OF DELAWARE, April 13, 2007, Decided
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Overview: Appellant's second motion for postconviction relief was untimely under Del. Super. Ct. R. Crim. P. 61(i)(1)'s three-year statute of limitations because the mandate from his direct appeal issued in June 2002 and the motion was filed in October 2006.

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Spanish Tiles, Ltd. v. Hensey, C.A. No. 05C-07-025-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, April 13, 2007, Decided
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Overview: In a dispute between competitors, plaintiffs' motion to compel discovery was granted in part and defendants' motion for a protective order was denied because, inter alia, defendants failed to establish good cause for filing late responses under Del. Super. Ct. R. Civ. P. 6, 26, 33, and 37, and certain client information could be redacted.

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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 13, 2007, Decided
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Overview: Contracting party's request to modify an opinion was granted because the request was reasonable and narrowly tailored to the protection of the party's interests. Insurance company's request to excise from the opinion references to documents that its attorneys created was denied as the company did not show the need required to justify the request.

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Gatz v. Ponsoldt, No. 298, 2006, SUPREME COURT OF DELAWARE, April 16, 2007, Decided
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Overview: Chancery court erred in dismissing plaintiffs' claims arising from defendants' actions in relation to the recapitalization of a corporation, because the claims were not exclusively derivative and could have been brought directly, as the recapitalization was actually two separate transactions that defendants caused to be rolled into one.

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In re Howell, No. 126, 2007, SUPREME COURT OF DELAWARE, April 16, 2007, Decided
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Overview: Because an inmate could have appealed either of the trial court's restitution orders, but chose not to do so, the inmate had another adequate remedy available to him; therefore, he was not entitled to the issuance of a writ of certiorari.

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