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| Black v. State, No. 70, 2005,
SUPREME COURT OF DELAWARE, July 20, 2005, Decided
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Overview: An inmate's habeas corpus petition was properly denied; he failed to show the trial court lacked jurisdiction to convict or sentence him, and he was, therefore, not entitled to habeas corpus relief. Moreover, he had presented his argument concerning the calculation of his good time credits before, and that argument had consistently been rejected.
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| Wilson v. S.C.I. Classification Dep't, C.A. No. 05M-07-002,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 20, 2005, Decided
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Overview: Because a correctional institution had no clear legal or ministerial duty with regard to an inmate's participation in a certain program, the inmate had no right to a writ of mandamus even though he established that he was indigent.
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| Acadia Brandywine Town Ctr., LLC v. New Castle County, No. 449, 2004,
SUPREME COURT OF DELAWARE, July 21, 2005, Decided
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Overview: A reverse merger involving real estate between two companies was not subject to the realty transfer tax under Del. Code Ann. tit. 30, § 5401(7), and, therefore, the companies were entitled to reimbursement of the disputed payment of the tax that the surviving company made.
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| Drayer v. State, No. 472, 2004,
SUPREME COURT OF DELAWARE, July 21, 2005, Decided
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Overview: Defendant's Del. Super. Ct. R. Crim. P. 35(a) motion to correct his sentence for violation of probation was based upon validity of his convictions. Defendant's motion was denied because Rule 35(a)'s purpose was limited to permitting correction of illegal sentence.
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| FS Parallel Fund, L.P. v. Ergen, No. 521, 2004,
SUPREME COURT OF DELAWARE, July 21, 2005, Decided
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Overview: Because the trial court had already dismissed the investors' original complaint, the investors' proposed amendments to the complaint on remand were futile; consequently, they were properly dismissed pursuant to Del. Ch. Ct. R. 12(b)(6).
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| Gibson v. Sussex County Council, C.A. No. 722-S,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 21, 2005, Decided
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Overview: Based on substantial evidence that townhouses met all relevant statutory and county zoning criteria, zoning commission approved owners' application for conditional use permit. Since council did not carry its resultant burden to articulate specific, non-vague, and non-arbitrary reasons based on substantial evidence, its disapproval was reversed.
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| In re Estate of Crist, No. 013, 2005,
SUPREME COURT OF DELAWARE, July 21, 2005, Decided
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| Miller v. State, No. 9, 2005,
SUPREME COURT OF DELAWARE, July 21, 2005, Decided
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Overview: Because appellant's third postconviction motion was filed more than three years after his conviction became final and the issues were either waived or formerly adjudicated, the trial court properly denied the motion under Del. Super. Ct. R. Crim. P. 61(i)(1), (i)(4).
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| Vanguard Group, LLC v. Richards, No. 024, 2005,
SUPREME COURT OF DELAWARE, July 21, 2005, Decided
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