Delaware, April, 2004, State Case law

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State Courts - Delaware - April 7, 2004

Acierno v. New Castle County, C.A. No. 03M-11-017 RSG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 7, 2004, Decided
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Overview: Developer was not entitled to mandamus requiring a land use department to approve plan as he did not provide required letter of no objection from state transportation department, and developer had alternative remedy against transportation department.

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Lieberman v. Del. Harness Racing Comm'n, C.A. No. 03A-10-001 WLW, SUPERIOR COURT OF DELAWARE, KENT, April 7, 2004, Decided
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Overview: Delaware Harness Racing Commission's conclusion that the fact that trainer provided his own buckets and water after the races did not undermine reliability of the collection process or accuracy of the reported test results was not clearly erroneous.

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Manley v. State, No. 519, 2003, SUPREME COURT OF DELAWARE, April 7, 2004, Decided
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New Castle County v. Christiana Town Ctr., LLC, C.A. No: 20604-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 7, 2004, Decided , April 7, 2004, Filed
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Overview: Where a county's chief administrative officer did not possess any special knowledge related to the material issues of the case that could not be obtained from other county employees, the county was entitled to a protective order.

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State v. Desmond, ID # 91009844DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 7, 2004, Decided
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Overview: Where defendant's fourth postconviction claims had already been ruled upon, were untimely, contained grounds for relief not asserted in prior proceedings, and did not demonstrate exception to the procedural bars, the motion was dismissed.

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State v. O'Donnell, ID No. 0309014296, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 7, 2004, Decided
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Overview: Where the purposes and procedures of a probation revocation hearing were fundamentally different from a criminal prosecution, collateral estoppel did not bar the subsequent prosecution of a criminal charge after a probation revocation hearing.

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State v. Ogle, ID # 0108002382, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 7, 2004, Decided
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Overview: Defendant's motion for postconviction relief was denied as to his claim that the jury pool contained an insufficient number of African-Americans, as defendant was not guaranteed a perfectly representative jury.

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State v. Smith, 0105019765-RI, SUPERIOR COURT OF DELAWARE, SUSSEX, April 7, 2004, Decided
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Overview: Defendant's motion for post conviction relief was denied because defendant failed to show that any of the alleged errors of defense counsel would have altered the outcome of the trial, and several of defendant's arguments were procedurally barred.

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Stevenson v. State, No. 502, 2003, SUPREME COURT OF DELAWARE, April 7, 2004, Decided
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Thomas v. Harford Mut. Ins. Co., C.A. No. 01C-01-046 HDR, SUPERIOR COURT OF DELAWARE, KENT, April 7, 2004, Decided
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Overview: Summary judgment was denied to insurer and a care provider in employee's suit for breach of contractual duty to administer his workers' compensation claim in good faith because whether defendants' actions were reasonable were material issues of fact.

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