Delaware, April, 2004, State Case law

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State Courts - Delaware - April 26, 2004

Cabrera v. State, No. 538, 2003, SUPREME COURT OF DELAWARE, April 26, 2004, Decided
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Overview: A trial court properly denied an inmate's motion for postconviction relief where an alleged incriminating statement was suppressed at trial and he failed to establish ineffective assistance of counsel.

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Epperson v. State, No. 42, 2004, SUPREME COURT OF DELAWARE, April 26, 2004, Decided
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Overview: Denial of an inmate's motion for postconviction relief did not constitute an ex post facto violation where the inmate had already completed his sentence and no substantive right of the inmate was affected.

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Freeman v. Unemployment Ins. Appeal Bd., C.A. No. 03A-09-003 HDR, SUPERIOR COURT OF DELAWARE, KENT, April 26, 2004, Decided
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Overview: A claimant's unemployment benefits were wrongfully terminated after she accepted a part-time job where she still qualified as an unemployed, as statutorily defined, as her wages were less than her weekly benefit plus 50 percent of the weekly benefit.

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Oliver v. Boston Univ., C.A. No. 16570-NC, COURT OF CHANCERY OF DELAWARE, KENT, April 26, 2004, Decided
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Overview: Fiduciary duty exception to the attorney-client privilege applied to documents between a corporation and a law firm where the firm represented both the corporation and a university as transactional counsel in two matters.

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Pauley v. Reinoehl, No. 679, 2002, SUPREME COURT OF DELAWARE, April 26, 2004, Decided
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Overview: Although Delaware emergency vehicle statute waived State of Delaware's right to claim immunity from liability for damages that arose out of operation of emergency vehicles, waiver extended only to amount of liability insurance which State carried.

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State v. Burrell, ID No. 9805012046, SUPERIOR COURT OF DELAWARE, KENT, April 26, 2004, Decided
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Overview: Delaware defendant's claims for postconviction relief were procedurally barred for failure to raise them in his original appeal or to show that reconsideration was warranted in the interest of justice.

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Walls v. Taylor, No. 489, 2003, SUPREME COURT OF DELAWARE, April 26, 2004, Decided
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Overview: An inmate's complaint alleging civil rights violations was properly dismissed, as the inmate's claims of retaliatory transfer to an out-of-state prison were unsupported because prison officials had the discretion to house inmates where they chose.

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