Delaware, April, 2006, State Case law

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State Courts - Delaware - April 10, 2006

Bishop v. Murphy, C.A. No. 05A-05-002 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2006, Decided
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Overview: Owners of a swimming pool construction business were not individually liable in buyers' breach of contract action because another court's ruling that the business was a de facto corporation was res judicata. The owners' counterclaims for breach of contract and tortious interference with contract were dismissed because they lacked standing.

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Brown v. Dep't of Corr. Center's Warden Thomas Carroll, C.A. No. 04C-10-213-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2006, Decided
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Overview: Because one prisoner was dismissed from the case for more than six months for failure to tender court filing fees, and because the other two prisoners had not appeared or otherwise acted to prosecute their civil rights case for more than one year, the wardens' Del. Super. Ct. R. Civ. P. 41(b) motion to dismiss for failure to prosecute was granted.

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Del. Ins. Guar. Ass'n v. Pickering, C.A. No. 04C-09-240 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2006, Decided
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Overview: Trial court granted insurance guaranty association's motion for summary judgment as it could not be held liable under Delaware Guaranty Association Insurance Act, Del. Code Ann. tit. 18, ? 4202; all pertinent records to decedent's workers' compensation claim had been destroyed and, thus, it could not be known whether his insurer was insolvent.

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Roberts v. State, No. 307, 2005, SUPREME COURT OF DELAWARE, April 10, 2006, Decided
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Overview: Because a child victim was questioned about her statement to a forensic interviewer and was able to see the interview while in court, even though the victim did not recall giving the statement, the victim's testimony sufficiently touched upon it for purposes of admitting the statement under Del. Code Ann. tit. 11, ? 3513.

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State v. Kenney, ID No. 0108016062, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2006, Decided
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Overview: Because defendant's motion for postconviction relief was filed nearly three years after sentencing, motion was time barred under Del. Super. Ct. R. Crim. P. 61(i)(1); defendant raised same grounds as he raised in prior motion to correct illegal sentence, so all claims were procedurally barred by Del. Super. Ct. R. Crim. P. 61(i)(4).

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Zickgraf v. State, No. 478, 2005, SUPREME COURT OF DELAWARE, April 10, 2006, Decided
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