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| Barnard v. State, No. 51, 2005,
SUPREME COURT OF DELAWARE, July 22, 2005, Decided
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Overview: Although a witness's statement was irrelevant and inadmissible opinion testimony, a jury instruction sufficiently cured any error; because a police officer's identification of defendant was based on facial features, a photograph identification with defendant as the only one wearing braids was not impermissibly suggestive.
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| Fres-Co Sys. USA, Inc. v. Coffee Bean Trading-Roasting, LLC, C.A.NO.05C-02-181-JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 22, 2005, Decided
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Overview: Because the only forum non conveniens factor that favored a seller was that Delaware law did not appear to apply to the controversy, the seller did not carry its heavy burden of demonstrating overwhelming inconvenience; consequently, the seller's motion to dismiss was denied.
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| Wien v. State, No. 349, 2004,
SUPREME COURT OF DELAWARE, July 22, 2005, Decided
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Overview: Convictions for three counts of violating the Delaware Wetlands Act, Del. Code Ann. tit. 7, § 6601 et seq., were affirmed because, inter alia, Del. Code Ann. tit. 7, § 6604 was not unconstitutionally overbroad since it did not regulate conduct that was constitutionally protected.
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| Bass v. State, No. 179, 2005,
SUPREME COURT OF DELAWARE, July 25, 2005, Decided
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| Bruton v. State, No. 149, 2005,
SUPREME COURT OF DELAWARE, July 25, 2005, Decided
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| Frederick v. State, No. 81, 2005,
SUPREME COURT OF DELAWARE, July 25, 2005, Decided
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Overview: Under Del. Code Ann. tit. 11, § 222(5) "deadly weapon" included a "razor." Even common household items could have been "deadly weapons" depending on their usage. Fact that the razor blade held by defendant during his crime was only three inches long and could have been purchased by anyone at a drug store did not warrant overturning verdict.
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| State v. DuPree, Defendant ID No. 0303015975A (R-1),
SUPERIOR COURT OF DELAWARE, SUSSEX, July 25, 2005, Decided
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Overview: The inmate's ineffective assistance of counsel claim failed, where he argued that the attorney did not provide him with information concerning the nature of a plea offer. The attorney adequately advised the inmate of the risks he faced by rejecting plea offers, including that the plea offers would become less favorable as time passed.
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| Watson v. Bank of Am., C.A. No. 05M-07-011,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 25, 2005, Decided
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| Weil v. Morgan Stanley DW Inc., C.A. No. 791-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 25, 2005, Decided
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Overview: A customer's suit against a stock brokerage firm and its buyer was dismissed under Del. Ch. Ct. R. 12(b)(6) for failing to state a cause of action because the firm's act in selling its online brokerage accounts was a reserved right under contract and no fiduciary duties were breached by such sale.
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