Delaware, May, 2002, State Case law

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State Courts - Delaware - May 3 - May 6, 2002

Perconti v. Thornton Oil Corp., C.A. No. 18630-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 3, 2002, Decided
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Overview: Because he was officer, court awarded former oil corporation officer indemnification for legal fees he incurred in successful defense of embezzlement action against him in oil futures trading scheme, but not legal fees to pursue fees.

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Cole v. State, No. 570, 2001, SUPREME COURT OF DELAWARE, May 6, 2002, Decided
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Overview: Defendant was properly sentenced to minimum mandatory sentence for cocaine trafficking, which was three years, after defendant violated boot camp probation. Trial court was not permitted to impose less than minimum mandatory sentence.

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Crowhorn v. Nationwide Mut. Ins. Co., C.A. No. 00C-06-010 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 6, 2002, Decided
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Overview: Revocation of an attorney's admission pro hac vice was not required to preserve the integrity or fairness of the judicial proceedings because his use of profanity and sarcasm, while not condoned, had not risen to the level required for revocation.

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Crowhorn v. Nationwide Mut. Ins. Co., C.A. No. 00C-06-010, SUPERIOR COURT OF DELAWARE, KENT, May 6, 2002, Decided
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Overview: When trial court struck insurance regulation allegations in insured's suit against insurer, insured did not timely appeal, allegations were unfair to non-party insurance commissioner, and due process was not denied. Interlocutory appeal was improper.

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In re Cook, No. 155, 2002, SUPREME COURT OF DELAWARE, May 6, 2002, Decided
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Overview: Where defendant failed to appeal trial court's imposition of sentence following supervision revocation proceeding, he was not entitled to writ of mandamus as substitute for his failure to file timely appeal.

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In re Durham, No. 111, 2002, SUPREME COURT OF DELAWARE, May 6, 2002, Decided
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In re Miller, No. 142, 2002, SUPREME COURT OF DELAWARE, May 6, 2002, Decided
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In re Moore, No. 121, 2002, SUPREME COURT OF DELAWARE, May 6, 2002, Decided
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Overview: Inmate's petition for writ of mandamus in order to correct his sentence was denied. Reviewing court had already found that inmate had no right to correction of sentence. Trial court had performed its duty, crediting inmate with time served.

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May v. State, No. 34, 2002, SUPREME COURT OF DELAWARE, May 6, 2002, Decided
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True v. Diamond State Terminal, C.A. No. 01C-06-100 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 6, 2002, Decided
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Overview: Where business's forklift operator was working at neighboring company's direction doing work to benefit only neighboring company at time of accident involving forklift, he was company's special employee, and business was not liable to injured party.

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