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   State Courts - Delaware - April 8 - April 12, 2004

  
Kl Golf v. Frog, Civil Action No. 001-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 8, 2004, Decided
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Overview: A company's motion to enjoin a golf course from proceeding with a summary process action was granted; the company was likely to succeed on a claim that it was entitled to arbitrate the issue of default of a lease and the proper remedy.

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State v. Brown, ID No: 0110022680, 0108018065, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 8, 2004, Decided
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Overview: Where an inmate did not file his motion to withdraw his guilty plea until after he was sentenced and failed to show he was coerced into pleading guilty, he failed to establish cause and prejudice and his post-conviction motion was denied.

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Cannon v. Pritchard, No. 534, 2003, SUPREME COURT OF DELAWARE, April 12, 2004, Decided
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Harris v. State, No. 497, 2003, SUPREME COURT OF DELAWARE, April 12, 2004, Decided
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Overview: Where counsel reviewed the record and the law for appealable issues, found none, and the court upon its examination concluded that there were no appealable issues, her motion to withdraw was granted and defendant's conviction was affirmed.

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In re MONY Group Inc. S'holder Litig., C.A. NO. 20554, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 12, 2004, Filed
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Overview: In an action by stockholders seeking to challenge a corporate merger transaction, a preliminary injunction was denied seeking to challenge directors' votes, use of old proxies, and disclosures because the business judgment rule applied.

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Johns v. Council of the Del. Ass'n of Prof'l Eng'Rs, C.A. No. 03A-07-001 WLW, SUPERIOR COURT OF DELAWARE, KENT, April 12, 2004, Decided
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Overview: Because the state APA was enacted after the statute for revocation of an engineer's license, it was determined after reargument that the 20-day notice requirement in the APA was controlling.

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State v. Dawson, DEF. I.D.: 0309012621, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 12, 2004, Decided
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Overview: Defendant was convicted of robbery in the first degree, even though the victim offered little resistance to the taking of her purse, as the victim, at least for a split second, was holding her purse tightly before surrendering it to defendant.

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State v. Saunders, I.D. No. 0107015414, Cr. A. Nos. IN01-08-0165, IN01-08-0168, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 12, 2004, Decided
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Overview: A defendant failed to state sufficient grounds for postconviction relief from his cocaine trafficking and conspiracy conviction where his guilty plea was deemed voluntarily entered and his counsel had no duty to inform of possible deportation.

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