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   State Courts - Delaware - April 24, 2007

  
Achtermann v. Warrington, No. 178, 2007, SUPREME COURT OF DELAWARE, April 24, 2007, Decided
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Mays v. State, No. 493, 2006, SUPREME COURT OF DELAWARE, April 24, 2007, Decided
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Overview: Because defendant failed to demonstrate that counsel committed any errors that were prejudicial to him, the trial court properly denied his Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief.

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State v. Carney, ID # 0510023059A, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 24, 2007, Decided
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Overview: Because defendant did not allege any prejudice as a result of the post-deadline notification of the statutory aggravating circumstances upon which the State intended to rely, the State's request to rely on the "substantial planning" statutory aggravator in Del. Code Ann. tit. 11, § 4209(e)(1)(u) was granted.

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State v. Carney, ID # 0510023059A, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 24, 2007, Decided
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Overview: Adult defendant's motion to strike death penalty on murder first degree and other charges was denied; defendant's age, sixteen, at time he was convicted of crime that was to be used as an aggravator under Del. Code Ann. tit. 11, § 4209(e)(1)(i), had no bearing, based on Roper, on the State's ability to use the conviction in seeking death penalty.

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UPS v. Houghton, C.A. No. 06A-03-004 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 24, 2007, Decided
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Overview: A decision of the Delaware Industrial Accident Board denying an employer's petition for review and maintaining a claimant on total disability status (Del. Code Ann. tit. 19, § 2324) was affirmed. The Board did not err when it accepted the claimant's expert's opinion over the employer's experts' opinion as to the nature of the claimant's disability.

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Warren v. State, No. 477, 2006, SUPREME COURT OF DELAWARE, April 24, 2007, Decided
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Overview: Because defendant did not raise any issues for consideration on appeal, upon review of the record, it was determined that his appeal was wholly without merit and devoid of any arguably appealable issue; pursuant to Del. Sup. Ct. R. 26(c), the appeal was dismissed, counsel's motion to withdraw was moot, and the judgment was affirmed.

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