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   State Courts - Delaware - April 22, 2009

  
Brooks v. Del. Dep't of Corr., No. 18, 2009, SUPREME COURT OF DELAWARE, April 22, 2009, Decided
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Hanzer v. Wilkinson, C.A. No. 07C-10-207 JAP, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 22, 2009, Decided
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Overview: Because there was no dispute that the insured waived in writing any uninsured motorist coverage under her policy with the insurer in accordance with Del. Code Ann. tit. 18, § 3902(a), the insurer had no duty to provide such benefits to the insured.

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Hardwick v. State, No. 490, 2008, SUPREME COURT OF DELAWARE, April 22, 2009, Decided
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Overview: Failure to support ineffective assistance of counsel claim precluded appellate review. Failure to give missing witness instruction was not error, as it was not "natural" for State to call subject individual because victims' statements regarding his involvement in alleged rape was conflicting and he was not peculiarly within State's power to call.

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Martha S. Sutherland v. Perry H. Sutherland, C.A. No. 2399-VCL, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 22, 2009, Decided
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Weber v. State, No. 74, 2008, SUPREME COURT OF DELAWARE, April 22, 2009, Decided
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Overview: Defendant's attempted first degree robbery conviction was reversed; trial judge failed to accord defendant the full benefit of the reasonable doubt standard by refusing a request for a lesser included offense instruction on offensive touching. A 2001 conviction for forgery second was a conviction for purposes of Del. Code Ann. tit. 11, § 4214(a).

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Williams v. Chancellor Care Ctr. of Delmar, C.A. No. 06C-05-146 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 22, 2009, Decided
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Overview: Counsel's motion to enforce a personal injury settlement was granted where the presumption that he had lawful authority to settle was not successfully rebutted by the daughter of the disabled person who was the subject of the lawsuit; the daughter's claim that she agreed to the settlement under duress lacked merit.

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Zappaterrini v. St. Francis Hosp., Inc., C.A. No. 09C-02-197 JAP, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 22, 2009, Decided
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