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| Ashley v. Tull, C.A. No. 05C-02-024-ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 12, 2005, Decided
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Overview: Although a patient's affidavit of merit complied with Del. Code Ann. tit. 18, § 6853(a)(1), (c), the patient was ordered to submit a revised affidavit clarifying the inconsistencies.
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| Miller v. State, Nos. 564, 2004 and 10, 2005 (Consolidated),
SUPREME COURT OF DELAWARE, July 12, 2005, Decided
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Overview: Defendant's motion for a mistrial was properly denied by a trial court, as a juror's comments to other jurors were not shown to be actually prejudicial or so egregious that prejudice was to be presumed, such that defendant's right to an impartial jury under U.S. Const. amend. VI and Del. Const. art. I, § 7 was not violated.
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| Paoli v. Lankford & Green, C.A. No. 04A-08-001-ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 12, 2005, Decided
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Overview: Because a bill of sale and a certificate of title clearly established that the purchasers owned a mobile home, the seller failed to establish that there ever was a landlord-tenant relationship between the parties; consequently, the trial court properly dismissed the seller's complaint.
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| Parker v. Gadow, C.A. No. 99C-07-323 JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 12, 2005, Decided
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| Schellinger v. State, No. 296, 2004,
SUPREME COURT OF DELAWARE, July 12, 2005, Decided
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Overview: Trial court did not err in denying defendant's Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief as the claims defendant raised were either procedurally barred because he had not raised them earlier or were barred because no exception allowed their consideration or he did not show that he received ineffective assistance of counsel.
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| Tolson v. Chorman, C.A. No. 03C-05-021 RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 12, 2005, Decided
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Overview: Because a husband prevailed in a personal injury case, pursuant to Del. Super. Ct. R. Civ. P. 54(d), (h), (f), 16.1(k)(11)(D)(iii), Del. Code Ann. tit. 6, § 2301(d), and Del. Code Ann. tit. 10, §§ 5101, 8906, he was awarded court fees, arbitration costs, half of his expert witness costs, and the video costs to present the expert's testimony.
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| DeShields v. State, No. 485, 2004,
SUPREME COURT OF DELAWARE, July 13, 2005, Decided
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Overview: Because the statute defining second degree murder, Del. Code Ann. tit. 11, § 635(1), contained element that the felony murder statute, Del. Code Ann. tit. 11, § 636(a)(2), did not, namely, that defendant's actions indicated a cruel, wicked, and depraved indifference for human life, convictions of both crimes did not violate double jeopardy.
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| Deephaven Risk Arb Trading, LTD. v. UnitedGlobalCom, Inc., Civil Action No. 379-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 13, 2005, Decided
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Overview: Investment fund, which traded in a corporation's stock and participated in the corporation's rights offering, had standing to seek inspection of books and records under Del. Code Ann. tit. 8, § 220, and provided a proper purpose for investigating whether the corporation and a subscription agent committed mismanagement or wrongdoing.
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| Miller v. P.S. Cleaners, C.A. No. 05A-01-001-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 13, 2005, Decided
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Overview: Where a worker gave her supervisor the impression that her search for another job was notice that she intended to leave her employment, the Unemployment Insurance Agency Appeals Board properly ruled that she left her job without just cause and was, therefore, not entitled to unemployment benefits under Del. Code Ann. tit. 19, § 3314.
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