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   State Courts - Delaware - May 13 - May 16, 2008

  
Blades v. State, No. 496, 2007, SUPREME COURT OF DELAWARE, May 13, 2008, Decided
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CNET Networks, Inc. v. Jana Master Fund, Ltd., No. 140, 2008, SUPREME COURT OF DELAWARE, May 13, 2008, Decided
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In re Fatir, No. 73, 2008, SUPREME COURT OF DELAWARE, May 13, 2008, Decided
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Overview: Given that petitioner could not demonstrate that the superior court arbitrarily failed or refused to perform a duty owed to him in failing to docket his civil complaint, and the Supreme Court of Delaware declined to allow him to invoke the extraordinary writ process as a substitute for an appeal, his request for a writ of mandamus was dismissed.

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Justice v. State, No. 280, 2007, SUPREME COURT OF DELAWARE, May 14, 2008, Decided
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Overview: A trial court did not abuse its discretion in denying defendant's motion for a mistrial following a detective's testimony about obtaining his date of birth from the DELJIS Automated Criminal Justice System because although the statement could have been better phrased, a curative instruction rendered any error harmless beyond a reasonable doubt.

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Simmons v. Bayhealth Med. Ctr., Inc., No. 630, 2007, SUPREME COURT OF DELAWARE, May 15, 2008, Decided
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Overview: Because reading both components of an expert's opinion together, it satisfied the minimal evidentiary standards of Del. Code Ann. tit. 18, § 6853 as the expert identified the standard of care and opined that the medical center deviated from it, the trial court reversibly erred in holding that the expert's opinion did not comply with § 6853.

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Kellum v. State, No. 405, 2007, SUPREME COURT OF DELAWARE, May 16, 2008, Decided
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Overview: Trial court did not err in instructing the jury on the lesser-included offense of assault first degree, as defendant's acts of shooting the victim in his thigh and waist area, and then fleeing allowed the jury to conclude that he merely intended to injure the victim without inflicting a fatal blow.

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State v. Dickens, ID No. 0708003661, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 16, 2008, Decided
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