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| Floyd v. State, No. 516, 2006,
SUPREME COURT OF DELAWARE, April 25, 2007, Decided
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Overview: Because the Supreme Court of Delaware lacked jurisdiction to hear a direct appeal from a Superior Court Commissioner's competency determination, and the Superior Court was the only forum in which a defendant could seek review of the same, his appeal was dismissed.
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| Johnson v. State, No. 576, 2006,
SUPREME COURT OF DELAWARE, April 25, 2007, Decided
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Overview: Defendant's second-degree rape (Del. Code Ann. tit. 11, § 772) conviction was affirmed. Because the facts required to establish second degree rape and fourth degree rape were identical under the circumstances, involving a 15-year old victim, defendant was not entitled to a lesser included offense instruction on fourth degree rape.
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| Law v. State, No. 130, 2006,
SUPREME COURT OF DELAWARE, April 25, 2007, Decided
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Overview: Defendant's convictions for second degree murder and a firearm possession charge, as well as other related charges, were supported by the evidence, as testimony from defendant's accomplice was in large part corroborated by the less biased observations of an eyewitness to some of the events surrounding the shooting.
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| Prince v. State, No. 557, 2006,
SUPREME COURT OF DELAWARE, April 25, 2007, Decided
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Overview: Because a probationer had not paid restitution, as required by a sentencing order, pursuant to Del. Code Ann. tit. 11, § 4334(c), the trial court had jurisdiction over him until his restitution was paid in full; therefore, the court properly denied his Del. Super. Ct. R. Crim. P. 35(a) motion for correction of sentence.
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| Reston v. Gertner, No. 452, 2006,
SUPREME COURT OF DELAWARE, April 25, 2007, Decided
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Overview: A family court's establishment of a visitation schedule for parents' two minor children was supported by the record, was a product of an orderly and logical reasoning process, and was based on a weighing of the best interests of the child factors under Del. Code Ann. tit. 13, §§ 728(a) and 729(a).
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| State v. Lopez, ID No. 0404018958,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 25, 2007, Decided
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Overview: Defendant was not entitled to withdraw his guilty plea pursuant to Del. Super. Ct. R. Crim. P. 32(d) because defendant indicated during the plea colloquy that he understood that he was waiving certain rights, defendant had signed the guilty plea forms, and defendant was made aware of the mandatory minimum penalties.
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