Delaware, April, 2007, State Case law

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State Courts - Delaware - April 26, 2007

Bergen v. State, No. 184, 2006, SUPREME COURT OF DELAWARE, April 26, 2007, Decided
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Overview: The sentences imposed against defendant of three or two years imprisonment for possession of a deadly weapon, in violation of Del. Code Ann. tit. 11, ? 1448, aggravated harassment, in violation of Del. Code Ann. tit. 11, ? 1312, and carrying a concealed deadly weapon, in violation of Del. Code Ann. tit. 11, ? 1442, were within statutory ranges.

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Enodis Corp. v. Amana Co., L.P., C.A. No. 18836, C.A. No. 19688, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 26, 2007, Decided
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Overview: When corporations' declaratory judgment petitions had been stayed due to the pendency of a related case in another jurisdiction, the corporations were not entitled to have those stays lifted when a trial court in the other jurisdiction entered judgment because that judgment was appealed, so the reasons for issuing the stays continued to operate.

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Garvey v. State, No. 304, 2006, SUPREME COURT OF DELAWARE, April 26, 2007, Decided
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Overview: Because defendant did not demonstrate that trial counsel's performance fell below an objective standard of reasonableness or that any alleged error by trial counsel resulted in prejudice, his appeal from the denial of his Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was without merit.

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Humphries v. State, No. 621, 2006, SUPREME COURT OF DELAWARE, April 26, 2007, Decided
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In re Will of Palecki, C.A. No. 1594-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 26, 2007, Decided
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Overview: Pursuant to the plain language of Del. Code Ann. tit. 12, ? 1306 and Del. Code Ann. tit. 12, ? 202, a handwritten codicil unsigned and undated that was written by the testatrix out-of-state was not legally sufficient for enforcement in Delaware, therefore, summary judgment sought by the executor to enforce the codicil was denied.

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Mumford v. State, No. 494, 2006, SUPREME COURT OF DELAWARE, April 26, 2007, Decided
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Overview: While prosecutor's statement that defendant was in handcuffs at police station 10 months after taking money from victim was misstatement, it did not prejudicially affect defendant's substantial rights or likely affect the outcome of the case as it likely had no bearing on jury's determination of defendant's intent to appropriate the victim's money.

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New Castle Shopping, LLC v. Penn Mart Supermarkets, Inc., No. 545, 2006, SUPREME COURT OF DELAWARE, April 26, 2007, Decided
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Patterson v. State, No. 489,2006, SUPREME COURT OF DELAWARE, April 26, 2007, Decided
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Overview: Because a crew supervisor agreed to transport prison contraband from defendant to a barber, the supervisor's claim of ignorance was not a defense for defendant; since the State's evidence was authenticated in accordance with Del. R. Evid. 901(a), it was sufficient to convict defendant of conspiracy and violating Del. Code Ann. tit. 16, ? 4752(a).

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Scarborough v. State, No. 328, 2006, SUPREME COURT OF DELAWARE, April 26, 2007, Decided
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Overview: Although defendant's motion to withdraw his guilty plea was properly denied, matter was remanded to trial court as defense counsel and prosecutor failed to disclose oral side agreement as required by Del. Super. Ct. R. Crim. P. 11(e)(2). Failure to disclose side agreement also violated Del. Law. R. Prof. Conduct 3.3(a)(3).

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Wilmington Hospitality, LLC v. New Castle County, C.A. No. 03C-07-213 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 26, 2007, Decided
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Overview: As genuine material fact issues remained on a LLC's equal protection claims against a county, and whether the county had a rational basis for its alleged differential treatment in preventing the LLC from opening its hotel, the county was denied summary judgment. Further, a Daubert hearing was ordered before an expert could testify as to damages.

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