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| Austin v. City of Lewes, C.A. No. 04A-10-001,
SUPERIOR COURT OF DELAWARE, SUSSEX, August 3, 2005, Decided
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Overview: The court's interlocutory orders was certified to the supreme court for disposition, pursuant to a workers' compensation claimant's Del. Sup. Ct. R. 42 application; no procedure had been outlined for a claimant to establish he was a displaced worker where a no work order was issued, and the area of law was unsettled.
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| Bolden v. General Foods Corp., C.A. No. 04A-12-002,
SUPERIOR COURT OF DELAWARE, SUSSEX, August 3, 2005, Decided
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Overview: Because the Industrial Accident Board could reject the employee's doctor's reliance on the medical guidelines and accept the employer's physician's common sense approach to impairment ratings, the Board's decision to deny the employee's motion for additional workers' compensation was affirmed.
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| Rhinehardt v. Bright, C.A. No. 03C-05-005 RBY,
SUPERIOR COURT OF DELAWARE, KENT, August 3, 2005, Decided
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Overview: State did not carry insurance for taking so did not waive sovereign immunity under Del Code Ann. tit. 18, § 6511. But, under Del. Const. art. I, § 8, by letting owner have a road entrance over part of neighbor's property without condemnation proceeding, State waived sovereign immunity and consented to neighbor's takings claim and ejectment action.
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| 99-Year Lease Tenants of Lynn Lee Vill. v. Key Box "5" Operatives, Inc., C.A. No. 12771,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 4, 2005, Decided
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Overview: Although at the time mobile home park owners announced their intention to terminate tenants' 99-year leaseholds because of a change of use under Del. Code Ann. tit. 25, § 7010, condominium development was not a valid change of use, in absence of any showing of bad faith, dissident tenants were not entitled to relief from order terminating leases.
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| Morgan v. State, No. 261, 2005,
SUPREME COURT OF DELAWARE, August 4, 2005, Decided
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Overview: Because the denial of defendant's motion for release of evidence was not a final appealable order, nor was it appealable as a collateral order before the entry of a final order on any postconviction motion, the Delaware Supreme Court lacked jurisdiction under Del. Const. art. IV, § 11(1)(b) to review defendant's interlocutory appeal.
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| Savage v. State, No. 324, 2005,
SUPREME COURT OF DELAWARE, August 4, 2005, Decided
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Overview: Clerk of Supreme Court of Delaware received defendant's criminal appeal more than 30 days after his sentence was imposed so it lacked jurisdiction to hear his appeal under Del. Sup. Ct. R. 6(a)(ii) and dismissed his appeal. Thirty days after imposition meant 30 days after trial court docketed its judgment, not when defendant received copy in mail.
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| State v. Claudio, I.D. # 87001256DI,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2005, Decided
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Overview: Defendant's motion for postconviction relief, pursuant to Del. Super. Ct. R. Crim. P. 61, was summarily dismissed because several of the claims made were procedurally barred as a repetitive motion in that defendant failed to offer any evidence that his claims should be reconsidered. In addition, the remaining claims were previously adjudicated.
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| State v. Jackson, C.A. No. 05A-04-004-JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2005, Decided
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Overview: Because the Industrial Accident Board acted within its discretion in finding an employee's expert testimony more credible than the employer's expert, there was substantial evidence that the employee's condition was related to a work-related injury; thus, the Board properly awarded worker's compensation benefits to the employee.
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| State v. Rollo, ID No. 0403006066,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2005, Decided
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Overview: Blood alcohol content evidence that was essential to prove Del. Code Ann. tit. 21, § 4177 DUI was suppressed and case was dismissed under Del. Code Ann. tit. 10, § 9902(b)-(c). State appealed from suppression, not dismissal, order but satisfied other § 9902(b)-(c) requirements and defendant was not prejudiced so appeal was not dismissed.
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