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   State Courts - Delaware - April 2 - April 5, 2001

  
McFoy Refrigeration, Inc. v. C&D Contrs., Inc., C.A. No. 2000-05-322, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 2, 2001, Decided
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Overview: Where the subcontractor agreed to the contractor's request for a reduction in price, but the reduction amount was not known, the amount of the reduction was found to be the amount the subcontractor saved when the project's scope was reduced.

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McGuire v. Ass'n of Owners of Gull Point Condo., Inc., C.A. No. 2003-S, COURT OF CHANCERY OF DELAWARE, KENT, April 2, 2001, Decided
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Overview: Motion to transfer civil action to superior court was timely filed where transfer statute was "applicable statute" under chancery court rules. Thus, 60th day for initiating transfer was counted on day when the transfer application was filed.

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Merillo v. State, No. 500, 2000, SUPREME COURT OF DELAWARE, April 2, 2001, Decided
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Overview: Appellant's admission, that he stole a watch, and had a verbal altercation with another resident, provided an adequate basis for the trial court to conclude that he was properly discharged from the residential probation program.

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State v. Baker, Case No. 0010014942, C.A. No. 00-10-1440-00-10-1447, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, April 3, 2001, Decided
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Overview: Defendant was found not guilty on charges of receiving stolen property where State failed to meet its burden of proof beyond reasonable doubt as to element of defendant's knowledge that items purchased were stolen.

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In re Change of Name of Milburn, Case No. 2000-10-038, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, April 4, 2001, Decided
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Overview: Name change petition was denied where court felt it was in best interests of minor child to maintain name given to him my mutual agreement of his parents at his birth. Changing name could undermine family identity with his older sibling.

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Guyer v. State, No. 577, 2000, SUPREME COURT OF DELAWARE, April 5, 2001, Decided
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Romano v. State, No. 602, 1999, SUPREME COURT OF DELAWARE, April 5, 2001, Decided
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Overview: The case was remanded for resentencing, because plaintiff breached its plea agreement by recommending four years of incarceration at Level V instead of the two years of incarceration at Level V that it promised to recommend.

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State v. McNeill, I.D. No. 9905019691, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 5, 2001, Decided
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Overview: Defendant's motion to withdraw his guilty pleas to three criminal offenses was denied where his pleas were knowing and voluntary, he received adequate legal counsel, and he failed to adequately support his claims of innocence.

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State v. Mobley, I.D. 0002007667, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 5, 2001, Decided
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Overview: Defendant lacked standing to object to evidence in car, since he failed to prove continuing possession and control to show reasonable expectation of privacy. Miranda rights were not violated if defendant knowingly waived them.

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Wilkerson v. State, No. 51, 2001, SUPREME COURT OF DELAWARE, April 5, 2001, Decided
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Overview: The trial court did not err when it refused to enforce promises the defendant claimed the State made to induce him into a plea agreement, where he stated on a plea form that no promises existed outside the written agreement.

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