Delaware, May, 2002, State Case law

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State Courts - Delaware - May 7 - May 8, 2002

Covey v. County Bd. of Adjustment, C.A. No. 01A-08-002, SUPERIOR COURT OF DELAWARE, SUSSEX, May 7, 2002, Decided
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Overview: The court lacked the jurisdiction to consider the merits of the owner's appeal of a decision to grant zoning variances, as it was prematurely filed and failed to name the builder, an indispensable party.

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Estate of Simpson v. Cochrane, C.A. No. 02C-04-209 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 7, 2002, Decided
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Felicetty v. State, No. 128, 2002, SUPREME COURT OF DELAWARE, May 7, 2002, Decided
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Johnson v. State, No. 556, 2001, SUPREME COURT OF DELAWARE, May 7, 2002, Decided
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Overview: Defense counsel made conscientious effort to examine record and law and properly determined that defendant could not raise meritorious claim on appeal.

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Proctor v. Bunting, No. 291, 2001, SUPREME COURT OF DELAWARE, May 7, 2002, Decided
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Overview: It was manifest on face of inmate's opening brief that his appeal was without merit. Because inmate's appeal was frivolous and constituted abuse of judicial process, if he filed another he would lose good time credits.

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State v. Garret, ID No: 0012006263, Cr.A. No: 00-12-1172R1, 00-12-1174R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 7, 2002, Decided
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Overview: Defendant's contentions that he was coerced into taking the State's plea offer, and that his counsel was ineffective were without merit as defendant refused to go to trial and indicated that he voluntarily signed the plea agreement.

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Winters v. Div. of Family Servs., No. 499, 2001, SUPREME COURT OF DELAWARE, May 7, 2002, Decided
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In re Blessing, Def. ID # 9805011982 (R-1), CRA # 98-08-0260 - Unlawfully Dealing with Child Pornography Material, CRA # 98-06-0261 - Possession of Child Pornography, CRA # 98-06-0220 - Forgery 2nd, SUPERIOR COURT OF DELAWARE, SUSSEX, May 8, 2002, Decided
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Murphy v. McCrea, No. 187, 2002, SUPREME COURT OF DELAWARE, May 8, 2002, Decided
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State v. Celatka, IK00-08-0376-R1, IK00-08-0383-R1, SUPERIOR COURT OF DELAWARE, KENT, May 8, 2002, Decided
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Overview: Postconviction relief from guilty pleas was denied where defendant failed to support his claim of ineffective assistance of counsel, failed to show prejudice from his counsel's representation, and failed to show that his pleas were involuntary.

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