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   State Courts - Delaware - March 25 - March 26, 2002

  
Caulk v. State, No. 368, 2001, SUPREME COURT OF DELAWARE, March 25, 2002, Decided
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Dickens v. Taylor, No. 277, 2001, SUPREME COURT OF DELAWARE, March 25, 2002, Decided
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Overview: Appeal from criminal conviction did not toll statute of limitations on defendant's personal injury claims. His argument that his complaint should be deemed filed as of mailing date was contrary to well-established state law.

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Flowers v. Laidlaw Corp., No. 612, 2001, SUPREME COURT OF DELAWARE, March 25, 2002, Decided
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Gomez v. Am. Inv. Bank, N.A., Civil Action No. 2001-07-133, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, March 25, 2002, Decided
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Overview: The trial court abused its discretion in denying a debtor's motion to vacate a default judgment in an action by a bank for a deficiency judgment; the debtor was only required to present defenses that were not frivolous, which he did.

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Morabito v. Harris, Civil Action No. 1463-K, COURT OF CHANCERY OF DELAWARE, SUSSEX, March 26, 2002, Decided
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Overview: Court's judgment declined to require home sellers to specifically perform their real estate contract to sell their home to buyer since, even though buyer might have remedy at law for damages, balancing of equities favored them.

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Starkey v. Independence Chrysler Plymouth, C.A. No. 97C-10-084, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 26, 2002, Decided
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Overview: Defendants' motions for summary judgment were denied because a material question of fact existed as to which contract applied. The parties failed to establish which contract governed the dispute.

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State v. Davis, I.D. NO. 0106014423, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 26, 2002, Decided
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Overview: Evidence was not suppressed where defendant was free to leave during police interviews, was allowed to take breaks at will, and voluntarily returned to the police station, where he was not arrested or restrained during the course of interviews.

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Webster v. State, No. 623, 2001, SUPREME COURT OF DELAWARE, March 26, 2002, Decided
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Overview: Supreme court affirmed denial of guilty pleading defendant's third motion for modification of his judgment of sentence since his motion was repetitive, late, and with no showing of extraordinary circumstances for being late.

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Word v. Balakrishnan, C.A. No. 99C-07-025, SUPERIOR COURT OF DELAWARE, NEW CASTLE, March 26, 2002, Decided
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Overview: Each child was awarded compensatory damages after being diagnosed with lead poisoning. The court found that the children suffered from learning disabilities and cognitive problems attributable to toxic lead exposure.

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