Delaware, May, 2002, State Case law

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State Courts - Delaware - May 1 - May 2, 2002

Crowhorn v. Nationwide Mut. Ins. Co., C.A. No. 00C-06-010, SUPERIOR COURT OF DELAWARE, KENT, May 1, 2002, Decided
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Overview: Expenses submitted for the unjustified effort the insured was required to expend to procure the insurer's response to the insured's requests for admissions were reasonable, and the insured was awarded such expenses.

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Dunkle v. Prettyman, C.A. No. 99C-10-265 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 1, 2002, Decided
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Overview: Accident victim's motion for a new trial or additur was denied as the jury's award did not shock the conscience of the court, and the court awarded costs to the other party because the amount of the award was less than the settlement offered.

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State v. Cannon, Def. ID # 0008014714, SUPERIOR COURT OF DELAWARE, SUSSEX, May 1, 2002, Decided
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Overview: Where defendant had knowingly and voluntarily entered a plea of guilty to a trafficking in cocaine charge, he was deemed to have waived his right to seek postconviction relief on issues such as suppression and lack of probable cause to charge him.

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In re Fuqua Indus., S'holder Litig., CONSOLIDATED Civil Action No. 11974, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 2, 2002, Decided
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Overview: Court granted shareholders' motion to compel production of documents; except for some work product, corporation's documents were not yet protected by attorney-client privilege since shareholders still had mutuality of interest with corporation.

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In re Hiner, No. 543, 2001, SUPREME COURT OF DELAWARE, May 2, 2002, Decided
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Overview: Three year suspension of attorney from practice of law was found to be appropriate, where attorney, among other things, failed to pay taxes, failed to maintain proper records, and failed to represent client diligently.

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In re Robert W. Johnson, Def. ID # 90S04507DI, CRA # 90-11-0329 Unlawful Sexual Intercourse 1st Degree, CRA # 90-11-0331 Unlawful Sexual Penetration 3rd Degree, CRA # 90-11-0332 Unlawful Sexual Penetration 3rd Degree, SUPERIOR COURT OF DELAWARE, SUSSEX, May 2, 2002, Decided
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Marvin v. State Farm Mut. Auto. Ins. Co., C.A. No. 01C-01-092(CHT), SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 2, 2002, Decided
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Overview: In a holding limited to the unique circumstances of the case, excluding a motorcycle driver from personal injury protection (PIP) coverage under his mother's policy, where no other coverage for PIP was available, was deemed against public policy.

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Meades v. State, No. 108, 2002, SUPREME COURT OF DELAWARE, May 2, 2002, Decided
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Overview: Where defendant's double jeopardy argument had been argued in his postconviction appeal and in his habeas corpus petition, law of case doctrine prohibited issue from being relitigated in motion to correct sentence.

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State v. Brown, I.D. No. 0105022893, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 2, 2002, Decided
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Overview: Where defendant did not tell court that she was unable to read, and defendant signed plea forms stating that she was satisfied with her attorney, and that she was entering her guilty plea voluntarily, her postconviction relief motion was dismissed.

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State v. Thomas, I.D. No. 0105012352, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 2, 2002, Decided
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Overview: Possibility that defendant would not be able to use his residence for purposes of home confinement was collateral consequence of guilty plea; fact that he was not informed of possibility did not affect knowingness or voluntariness of plea.

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