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   State Courts - Delaware - May 2 - May 5, 2008

  
Baughan v. Wal-Mart Stores, Inc., No. 662, 2007, SUPREME COURT OF DELAWARE, May 2, 2008, Decided
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Gates v. Texaco, Inc., C.A. No. 05C-05-043 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 2, 2008, Decided
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McDonald v. State, No. 660, 2006, SUPREME COURT OF DELAWARE, May 2, 2008, Decided
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Overview: Evidence seized during a traffic stop should have been suppressed because sole basis for traffic stop was a violation of Del. Code Ann. tit. 21, ¿ 4155(a) and (b), which did not apply. Issuing magistrate's consideration of extra-affidavit concerns violated "four corners" test of the Fourth Amendment.

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State v. Laws, I.D. # 30900552DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 2, 2008, Decided
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De Prisco v. State, No. 196, 2008, SUPREME COURT OF DELAWARE, May 5, 2008, Decided
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Overview: Despite defendant's claim that he did not know of the 30-day deadline for his notice of appeal, and that once he learned of the same he sent the notice prior to the deadline but it did not reach the court before the deadline had expired, his appeal was dismissed pursuant to Del. Sup. Ct. R. 6 and 10 as untimely.

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Walley v. State, No. 179, 2008, SUPREME COURT OF DELAWARE, May 5, 2008, Decided
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Overview: Because defendant failed to show cause as to why his appeal should not be dismissed as untimely, and the evidence showed that said failure was not attributable to court-related personnel, his appeal from an order denying him postconviction relief was dismissed pursuant to Del. Sup. Ct. R. 6 and 10.

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