Delaware, April, 2002, State Case law

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State Courts - Delaware - April 26 - April 29, 2002

Evans v. State, No. 540, 2001, SUPREME COURT OF DELAWARE, April 26, 2002, Decided
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Overview: Defendant's violation of probation hearing comported with the requirements of due process and his probation was properly revoked. Claim of ineffective assistance of counsel was unpreserved for review.

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Gloria Woodall, C.A. No. 01A-07-002 JTV, SUPERIOR COURT OF DELAWARE, KENT, April 26, 2002, Decided
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Overview: Delaware Industrial Accident Board's failure to give adequate consideration to the factors for awarding attorney's fees was an abuse of discretion requiring remand. The conduct of claimant's counsel did not give rise to an estoppel claim.

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State v. Marks, ID No. 9612001794, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 26, 2002, Decided
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Overview: Defendant's postconviction claims were procedurally barred; defendant impliedly waived arraignment, did not show how consul notification would have helped, and did not show that counsel's representation was deficient.

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Waite v. Cont'l Nat'l Indem., C.A. No. 00C-12-005 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 26, 2002, Decided
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Overview: Where injured party was injured when he was pulling a hose away from his oil truck while making delivery, he was not an occupant of the truck when he was injured. As a result, he was not entitled to personal injury protection insurance coverage.

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Am. Legacy Found. v. Lorillard Tobacco Co., C.A. No. 19406, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 29, 2002, Decided
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Overview: Tobacco manufacturer did not show foundation's decision to sue it was either inequitable or illegitimate, nor did it show factors imposing overwhelming hardship and inconvenience if forced to litigate in foundation's chosen forum.

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Arvey v. State, No. 634, 2001, SUPREME COURT OF DELAWARE, April 29, 2002, Decided
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Overview: Defendant was not entitled to appointed counsel at his violation of probation hearing; he was given notice that counsel would not be appointed, he admitted that he violated probation, and reasons offered in mitigation of violation were simple.

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Flonnory v. State, No. 411, 2001, SUPREME COURT OF DELAWARE, April 29, 2002, Decided
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Overview: Although defendant complained about length of his sentence, reviewing court granted defense counsel's motion to withdraw, agreeing with defense counsel that defendant's appeal was wholly without merit and devoid of arguably appealable issues.

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Potomac Ins. Co. v. Corporate Interiors of Del., C.A. No. 01C-01-054 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 29, 2002, Decided
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Sanirab Corp. v. Sunroc Corp., C.A. No. OOC-02-191-SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 29, 2002, Decided
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Overview: Trade secrets act preserved a single tort action for trade secret misappropriation and eliminated all other tort actions founded on trade secret misappropriation. A conversion claim based on theft of proprietary information was displaced.

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State v. Wash., ID # 9603000529, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 29, 2002, Decided
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Overview: Postconviction relief was denied where defendant failed to substantiate ineffective assistance of counsel claim, failed to raise speedy trial violation at trial or on appeal, and where sufficiency of evidence claim was earlier decided on appeal.

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