Delaware, May, 2009, State Case law

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State Courts - Delaware - May 1 - May 4, 2009

Showell v. Div. of Family Servs., No. 452 and 461, 2008, SUPREME COURT OF DELAWARE, May 1, 2009, Decided
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Overview: A family court lacked jurisdiction to terminate parents' rights in their children because the Division of Family Services did not publish the notice required under Del. Code Ann. tit. 13, ? 1107A(g) in the correct county or locality, and the parents did not enter a legal appearance in the family court.

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Torres v. State, No. 504, 2008, SUPREME COURT OF DELAWARE, May 1, 2009, Decided
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Overview: It was proper to deny an inmate's motion under Del. Super. Ct. R. Crim. P. 61 for postconviction relief because it was untimely and was barred, and a United States Supreme Court decision did not create a newly-recognized retroactive right applicable to the inmate as required by Rule 61(i)(1) to prevent a procedural bar.

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Argyle Solutions, Inc. v. Prof'l Sys. Corp., C.A. No. 4382-VCN, COURT OF CHANCERY OF DELAWARE, May 4, 2009, Decided
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Overview: As the claims which a mailing company sought to arbitrate accrued more than six months before the filing of the demand for arbitration, in violation of the parties' agreement, a collection agency demonstrating a reasonable probability of success as to its argument that the arbitration was time-barred under Del. Code Ann. tit. 10, ? 5702(c).

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Masons v. State, No. 552, 2008, SUPREME COURT OF DELAWARE, May 4, 2009, Decided
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Wimbish v. State, No. 213, 2009, SUPREME COURT OF DELAWARE, May 4, 2009, Decided
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