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   State Courts - Delaware - April 10, 2002

  
Coffield v. State, No. 361, 2000, SUPREME COURT OF DELAWARE, April 10, 2002, Decided
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Overview: Amendment of victim's name in robbery indictment did not change essential element, and joinder of three robberies for trial was not abuse of discretion. Suspension of defendant's statutorily mandated minimum sentence was barred.

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Donovan v. Dover Fed. Credit Union, No. 564, 2001, SUPREME COURT OF DELAWARE, April 10, 2002, Decided
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Flamer v. State, No. 289, 2001, SUPREME COURT OF DELAWARE, April 10, 2002, Decided
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Overview: Conviction for escape was affirmed where appeal was wholly without merit and devoid of meritorious issues. Trial court was not required to instruct jury on escape in third degree and defendant was properly sentenced as habitual criminal.

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Orr v. Field, C.A. No. 98C-05-050, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2002, Decided
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Overview: A motion for a new trial by injured parties in a personal injury action was denied, as jury's finding that a driver's negligence did not proximately cause the injuries in question was not against the weight of the evidence.

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Orr v. Field, C.A. No. 98C-05-050, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2002, Decided
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Overview: Defendant's motion for costs was denied where his offer of judgment was refused by unsuccessful plaintiffs, but he had not individualized the offer as to each plaintiff, and court, in its discretion, did not find that defendant was entitled to costs.

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Perez v. State, No. 561, 2001, SUPREME COURT OF DELAWARE, April 10, 2002, Decided
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Overview: Subsequent sentencing order in Delaware, imposing consecutive sentence, took precedence over previous out-of-state order providing for concurrent running of sentence. Therefore, writ of mandamus was properly denied, seeking credit for time served.

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Price v. State, No. 555, 2001, SUPREME COURT OF DELAWARE, April 10, 2002, Decided
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Overview: No relief was available for defendant's motion to correct illegal sentence which did not allege sentence was outside statutory authorization, constituted double jeopardy, or was ambiguous or contradictory, but was punitive.

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State v. Benson, IK97-09-0076-R1, IK97-09-0077-R1, IK97-09-0078-R1, IK97-09-0079-R1, IK97-09-0080-R1, IK97-09-0081-R1, IK97-09-0082-R1, IK97-09-0083-R1, SUPERIOR COURT OF DELAWARE, KENT, April 10, 2002, Decided
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Overview: Defendant's motion for postconviction relief was procedurally barred for failure to prove cause and prejudice because defendant failed to raise his claims on direct appeal and there was no justification for the failure to do so.

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Wyrick v. Leaseway Auto Carriers, C.A. No. 00A-10-002 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 10, 2002, Decided
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Overview: Delaware Industrial Accident Board did not err in holding that claimant did not meet burden of establishing that he suffered a permanent impairment to his back; evidence presented conflicted with medical witness's findings of permanent impairment.

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