Delaware, April, 2003, State Case law

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State Courts - Delaware - April 9, 2003

Cove on Herring Creek Homeowners' Ass'n v. Riggs, C.A. No. 2024-S, COURT OF CHANCERY OF DELAWARE, April 9, 2003, Decided
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Overview: Permanent, mandatory injunctive relief was granted to a homeowners' association that sought to enforce a restrictive covenant precluding homeowners from erecting detached outbuildings on their property; the declaration was unambiguous.

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Del. Express Shuttle, Inc. v. Older, C.A. No. 19596-NC, COURT OF CHANCERY OF DELAWARE, April 9, 2003, Decided
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Overview: Where a shuttle service complied with federal requirements, there was no factual support remaining for a competitor's relief motion; because there was a reasonable factual basis for the motion, no attorneys' fees were awarded.

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Elec. Data Sys. Corp. v. Reddy, No. 483, 2002, SUPREME COURT OF DELAWARE, April 9, 2003, Decided
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Hampton v. Smith, No. 64, 2003, SUPREME COURT OF DELAWARE, April 9, 2003, Decided
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State v. Young, I.D. No. 9904019648, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 9, 2003, Decided
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Overview: Where a defendant could not show alleged new post-partum depression evidence could not have been discovered earlier, show prejudice from the lack of evidence, or poor counsel, and her guilty plea was not coerced, post-conviction relief was denied.

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Swan v. State, Nos. 509/546, 2001 [CONSOLIDATED], SUPREME COURT OF DELAWARE, April 9, 2003, Decided
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Overview: Defendant could not escape liability for cold-blooded execution of defenseless victim simply because State could not prove which defendant inflicted fatal wound, where defendant and co-defendant were engaged in the same enterprise, at the same time.

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Thodus v. State, No. 508, 2002, SUPREME COURT OF DELAWARE, April 9, 2003, Decided
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Williams v. State, No. 251, 2002, SUPREME COURT OF DELAWARE, April 9, 2003, Decided
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Overview: Where a victim was abducted, dragged to a secluded location, and then assaulted, there was substantial evidence of kidnapping; a proposed voir dire question could be modified by referring to "different races" as opposed to specific races.

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