Delaware, July, 2005, State Case law

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State Courts - Delaware - July 19, 2005

Bateman v. 317 Rehoboth Ave., LLC, C.A. No. 877-S, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 19, 2005, Decided
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Overview: The lessees under a commercial lease were not entitled to exercise their right of first refusal during their holdover tenancy because that right was extinguished when the lease terminated and such a provision was not a use and occupancy provision that survived the termination of a lease under Del. Code Ann. tit. 25, ? 5108.

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Brown v. State, No. 130, 2005, SUPREME COURT OF DELAWARE, July 19, 2005, Decided
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Overview: Appellant did not prove membership in United Nuwaupian Nation of Moors of the Yamassee Tribe of Native Americans or that such members were not subject to lower court's jurisdiction for crimes committed in Delaware. Therefore, appellant's late-filed postconviction claims were properly dismissed under Del. Super. Ct. R. Crim. P. 61(i)(1), (5).

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Burton v. Burton, No. 558, 2004, SUPREME COURT OF DELAWARE, July 19, 2005, Decided
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Overview: Father's appeal of judgment granting sole custody and primary placement of parties' minor child to mother and therapeutic visitation to him was dismissed. That was because father did not comply with Del. Sup. Ct. R. 9(e)(ii), 14(e) by providing transcript of lower court's hearing and references to parts of that transcript in his brief's appendix.

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Douglas v. State, No. 315, 2004, SUPREME COURT OF DELAWARE, July 19, 2005, Decided
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Overview: Prosecutor could not use his own notes from interview with witness to refresh recollection under Del. R. Evid. 612(a); where notes were only evidence that victim was in imminent fear of safety, menacing conviction was reversed; judge improperly sua sponte found insufficient evidence of kidnapping based solely on ease of victim's escape.

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Fennell v. State, No. 43, 2005, SUPREME COURT OF DELAWARE, July 19, 2005, Decided
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Overview: Defendant claimed sentence enhancement was illegally imposed because State did not prove his prior cocaine delivery conviction at a hearing that was separate from trial. Defendant's Del. Super. Ct. R. Crim. P. 35(a), (b) motion for correction or reduction of sentence could not be considered since it was filed more than 90 days after his sentencing.

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In the Matter of Goodlett, No. 194, 2005, SUPREME COURT OF DELAWARE, July 19, 2005, Decided
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Overview: Highest court declined to address criminal accused's request for writ of mandamus against state's attorney general, public defender, and police since it did not have original jurisdiction over them. Highest court dismissed mandamus request against lower court for it to hear his motion to withdraw his guilty plea as it had already heard his motion.

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Johnson v. State, No. 190, 2005, SUPREME COURT OF DELAWARE, July 19, 2005, Decided
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Overview: Defendant's motion for correction of sentence from second to third degree unlawful sexual intercourse was properly denied since jury could only convict or acquit of first or second degree. Record's reference to jury verdict of "third" instead of "second" was either clerk's misstatement or error in transcription of jury's verdict.

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Romero v. Career Educ. Corp., Civil Action No. 793-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 19, 2005, Decided , July 19, 2005, Filed
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Overview: Since there was no factual basis to believe that a shareholder's Del. Code Ann. tit. 8, ? 220 action to compel inspection of books and records was intended to circumvent proceedings in ongoing federal enforcement actions and litigation, federal private securities litigation actions did not preempt the shareholder's state law right to seek relief.

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State ex rel. Brady v. Silverview Farm, Inc., C.A. No. 701-S, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 19, 2005, Decided
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Overview: The Manufacturing Home Owners and Community Owners Act, Del. Code Ann. tit. 25, ? 7001 et seq., lacked any provision transforming contract terms required or proscribed by Del. Code Ann. tit. 25, ? 7006 into statutorily enforceable duties on a landlord's part. The subject matter of ? 7006 was limited to the content of rental agreements.

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State v. Johnson, Def. ID No. 0411007637, SUPERIOR COURT OF DELAWARE, SUSSEX, July 19, 2005, Decided
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Overview: Sixth Amendment, as articulated in Crawford v. Washington, did not preclude admission of most of an elderly, later deceased rape victim's statements to medical professionals and her children as they were not made to aid police and they fell within exceptions for statements made for medical treatment, excited utterances, and state of mind.

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