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   State Courts - Delaware - May 19, 2008

  
Dunbar v. State, No. 174, 2008, SUPREME COURT OF DELAWARE, May 19, 2008, Decided
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Overview: Because nothing in the record reflected that defendant's failure to file a timely notice of appeal was attributable to court-related personnel, pursuant to Del. Sup. Ct. R. 6(a)(iii), 10(a), 29(b), defendant's appeal was dismissed as untimely.

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Grayton v. Moore, No. 411, 2007, SUPREME COURT OF DELAWARE, May 19, 2008, Decided
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Overview: While both parents had a good relationship with their child, the parents had a tempestuous relationship with each other; because the parents could not communicate well when they were not getting along, a shared residential custody arrangement was not in the child's best interests after considering the factors in Del. Code Ann. tit. 13, § 722(a).

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Hughes v. Christiana Sch. Dist., No. 31, 2008, SUPREME COURT OF DELAWARE, May 19, 2008, Decided
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Overview: Pursuant to Del. Code Ann. tit. 10, § 4001, school district and, inter alia, a teacher could not be liable for minor's personal injuries suffered when she fainted in school because minor failed to inform the teacher that she felt like fainting and the teacher's action in sending the minor to the nurse's office without an escort was discretionary.

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Jenkins v. State, No. 488, 2007, SUPREME COURT OF DELAWARE, May 19, 2008, Decided
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Overview: Appeal from an erroneously imposed sentence for defendant's probation violations which was six months longer than the total amount of Level V time remaining on his sentences, resulting in defendant remaining in prison for six months longer than he should have, appeal of sentence was moot because defendant had served the sentence.

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Mathis v. State, No. 516, 2007, SUPREME COURT OF DELAWARE, May 19, 2008, Decided
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Overview: Defendant waived argument that evidence was legally insufficient to support charges of robbery first degree and possession of a deadly weapon during the commission of a felony as to the second employee of a fast food restaurant as the claim was not presented by way of, inter alia, a Del. Super. Ct. R. Crim. P. 29 motion for judgment of acquittal.

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Miller v. State, No. 136, 2008, SUPREME COURT OF DELAWARE, May 19, 2008, Decided
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Nixon v. State, No. 177, 2007, SUPREME COURT OF DELAWARE, May 19, 2008, Decided
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Overview: Judgment sentencing defendant for first degree robbery was affirmed because defendant entered guilty plea to first degree robbery and transcript of plea colloquy reflected that plea was entered knowingly, intelligently, and voluntarily. As such, defendant waived any objection to alleged defects or errors occurring before entry of plea.

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State v. Monroe, I.D. No. 0405005159, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 19, 2008, Decided
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