Delaware, April, 2003, State Case law

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State Courts - Delaware - April 28, 2003

Emerald Partners v. Berlin, Civil Action No. 9700, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, April 28, 2003, Date Issued
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Overview: Corporate directors did not breach their fiduciary duty to the minority stockholders in a corporate merger transaction in terms of both the price and the process by which the transaction was initiated, negotiated, and approved.

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George v. Donegal Mut. Ins. Co., C.A. No. 02C-04-007 JTV, SUPERIOR COURT OF DELAWARE, KENT, April 28, 2003, Decided
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Overview: Vehicular accident victim, under the terms of the applicable insurance policy, was under no duty to seek substitute employment to minimize her lost wages.

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Griffith v. State, No. 570, 2002, SUPREME COURT OF DELAWARE, April 28, 2003, Decided
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Overview: Where there was sufficient evidence to find defendant guilty of charges related to an armed robbery by testimony from defendant's roommate, corroborated by circumstantial evidence, defendant's motion for a judgment of acquittal was properly denied.

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Hubble v. Delmarva Temp. Staffing, Inc., C.A. No. 02A-09-001, SUPERIOR COURT OF DELAWARE, SUSSEX, April 28, 2003, Decided
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Overview: Since a worker was unable to produce evidence that she had given any documentation regarding her absence to her on-site supervisor, the Unemployment Insurance Appeals Board properly denied her benefits.

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In re Kennedy, No. 668, 2002, SUPREME COURT OF DELAWARE, April 28, 2003, Decided
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In re: Johnson, Defendant ID No. 9806008595(R2), Criminal Action No. 98-06-0595, SUPERIOR COURT OF DELAWARE, SUSSEX, April 28, 2003, Decided
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Overview: Where inmate's second motion for postconviction relief was untimely, repetitive, and formerly adjudicated, it was procedurally barred and consideration of the claim was not warranted in the interest of justice.

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Moore v. State, No. 294, 2002, SUPREME COURT OF DELAWARE, April 28, 2003, Decided
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Overview: Where there was no inconsistency in a jury's finding that defendant intentionally attempted to prevent a police officer from detaining him, but only recklessly caused physical injury, the convictions were affirmed.

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State v. Fisher, Defendant ID No. 0202004945(R1), SUPERIOR COURT OF DELAWARE, KENT, April 28, 2003, Decided
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Overview: Where inmate's postconviction complaints had been made to and adjudicated by the state supreme court, the claims were procedurally barred; the inmate knew that he was exposing himself to the sentence when he entered the plea.

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