Delaware, April, 2003, State Case law

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State Courts - Delaware - April 8, 2003

Atlantis Indus. v. NewBold Corp., C. A. No. 01C-11-017-THG, SUPERIOR COURT OF DELAWARE, SUSSEX, April 8, 2003, Decided
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Overview: Where a company requested a continuance at the 11th hour, a corporation incurred additional attorneys' fees; a motion for reargument was denied because the imposition of attorneys' fees was the consequence of the company's action.

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Barnhart v. State, No. 677, 2002, SUPREME COURT OF DELAWARE, April 8, 2003, Decided
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Overview: Where defendant's appeal lacked merit, was devoid of appealable issues, and defense counsel determined that defendant did not have a meritorious claim on direct appeal, defendant's assault conviction was affirmed.

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Batchelder v. Batchelder, No. 571, 2002, SUPREME COURT OF DELAWARE, April 8, 2003, Decided
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Overview: Where the father requested child custody in his answer, the mother had adequate notice thereof; because the family court did not evaluate all of the statutory factors, the decision did not demonstrate their "implicit" application.

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Freeman v. State, No. 112, 2003, SUPREME COURT OF DELAWARE, April 8, 2003, Decided
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Overview: Where defendant's claims had been formerly adjudicated, the trial court did not abuse its discretion in denying defendant's repetitive postconviction motion and the appeal thereof was without merit.

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Geroski v. Betton, C.A. No. 02C-02-012, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 8, 2003, Decided
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Overview: Upon reconsidering commissioner's denial of defendant's request to compel IME, court granted request; requiring plaintiff to attend IME in Philadelphia, Pennsylvania, was not unduly burdensome, and doctor's specialty was credibility issue for a jury.

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Gibbs v. Prison Health Servs., No. 567, 2002, SUPREME COURT OF DELAWARE, April 8, 2003, Decided
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In re Brown, No. 138, 2003, SUPREME COURT OF DELAWARE, April 8, 2003, Decided
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Papantinas v. State, No. 527, 2002, SUPREME COURT OF DELAWARE, April 8, 2003, Decided
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Overview: Supreme court affirmed defendant's drug convictions; Allen charge was timely given and correctly worded, and the case was not complex or the deliberations oppressively long; the charge did not coerce the jury into a unanimous verdict.

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Playtex Prods. v. Harris, No. 599, 2002, SUPREME COURT OF DELAWARE, April 8, 2003, Decided
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Siena v. State, No. 67, 2003, SUPREME COURT OF DELAWARE, April 8, 2003, Decided
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Overview: Where the record revealed no bias or vindictiveness by a sentencing court and defendant had been previously charged with drug offenses, defendant's claim that a sentence to substance abuse programs was erroneous lacked merit.

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