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   State Courts - Delaware - April 12, 2001

  
Hamilton v. State, Nos. 386, 2000, 415, 2000, CONSOLIDATED, SUPREME COURT OF DELAWARE, April 12, 2001, Decided
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Overview: Petitioner, who was incarcerated for various crimes, had no factual basis for challenging the calculation of his sentence length and thus his appeal was denied.

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Lord v. Peninsula United Methodist Homes, CIVIL ACTION NO: 97C-10-012, SUPERIOR COURT OF DELAWARE, SUSSEX, April 12, 2001, Date of Decision
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Overview: Employee who claimed she was promised protection if she provided information about supervisor's misconduct, but was later released from work, raised genuine issues of fact which negated employer's summary judgment motion.

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Massey v. Moore, Case No. 00-01-076, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, April 12, 2001, Decided
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Overview: Plain language of contract entitled investor in restaurant to return of his initial investment, but neither contract party proved entitlement to recover additional expenses allegedly incurred.

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Outdoor Techs. Inc. v. Allfirst Fin., Inc., C.A. No. 99C-09-151-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 12, 2001, Decided
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Overview: Without a false statement, claims of fraud, concealment, and negligent misrepresentation failed. Misrepresentation by omission claim required a legally recognized relationship.

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Precision Works, Inc. v. Smith, Cr. A. No. 2000-06-258, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 12, 2001, Decided
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Overview: The contractor was liable for failing to perform the work in a workmanlike manner, where the painting was incomplete, the vinyl flooring was cut too short, and the contractor installed a vinyl door that did not close.

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Seinsoth v. Rumsey Elec. Supply Co., CIVIL ACTION No. 00A-09-006-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 12, 2001, Decided
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Overview: Employee was active participant in forbidden horseplay. Possible management participation or knowledge did not make wrestling part of employment.

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State v. Brown, ID No. 0001003655, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 12, 2001, Decided
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Overview: Defendant's motion for judgment of acquittal of robbery in second degree was denied where State presented sufficient events for rational juror to conclude that defendant participated in robbing a coat from a pedestrian and driving away.

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State v. Dawson, IK86-12-0024R2, IK87-01-0841R2, IK87-01-0843R2, IK87-01-0845R2, SUPERIOR COURT OF DELAWARE, KENT, April 12, 2001, Decided
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Overview: In postconviction relief proceedings, justice did not require that an issue that was previously considered and rejected be revisited simply because the claim was refined or restated.

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State v. Dorsey, ID No. 9609013882, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 12, 2001, Decided
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Overview: When defendant was granted a new trial, his motion to dismiss on grounds of double jeopardy was denied when it was determined that the prosecutor's misconduct was not intended to provoke the defendant into moving for a mistrial.

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State v. Mundy, Criminal ID 9611005019, Criminal Action No. IN 96-12-0586, R2; and IN 96-12-0587, R2, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 12, 2001, Decided
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Overview: Defendant's motion for postconviction relief was denied where he failed to prove he had ineffective assistance of counsel, there was no prosecutorial misconduct, his right to counsel was not violated, and the prosecution met its burden of proof.

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