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   State Courts - Delaware - April 26, 2001

  
Berchock v. Council on Real Estate Appraisers, C.A. No. 00A-10-004-CG, SUPERIOR COURT OF DELAWARE, NEW CASTLE, April 26, 2001, Decided
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Overview: Decision that real estate appraiser violated certain professional regulations was affirmed where superior court could not find that State failed to provide such inadequate notice of allegations that she was deprived of due process of law.

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Boyle v. Widdoes, Civil Action No. 2000-07-233, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 26, 2001, Decided
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Overview: The buyers failed to prove that the sellers breached the sale contract provision requiring the sellers to remove debris that they had placed on the buyers' lot; there was no evidence that the sellers placed the debris in question on the lot.

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Caldwell v. State, No. 118, 1999, SUPREME COURT OF DELAWARE, April 26, 2001, Decided
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Overview: Possession conviction was reversed where allowance of out-of-court statement by witness who did not testify, and further embellishment of statement, to justify pat-down search resulting in admitting drugs into evidence, constituted plain error.

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Crowhorn v. Nationwide Mut. Ins. Co., C.A. No. 00C-06-010 WLW, SUPERIOR COURT OF DELAWARE, KENT, April 26, 2001, Decided
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Overview: Court did not dismiss claims where insured met breach of contract and fraud pleading elements. A duty of good faith and fair dealing was implied in insurance contracts. The insured had private cause of action under the Consumer Fraud Act.

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In re Will of Szewzcyk, C.A. No. 17597, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 26, 2001, Decided
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Overview: Court invalidated a will in a daughter's contest based upon father's lack of testamentary capacity due to Alzheimer's disease. The beneficiary son who drafted that will did not enjoy the presumption of testamentary capacity.

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State v. Piatt, Case No.: 0012001643, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, April 26, 2001, Decided
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Overview: Where there was no testimony that defendant either crossed a stop line without stopping or failed to stop at the nearest point to the intersection, defendant was not guilty of failing to stop at a stop sign.

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