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   State Courts - Delaware - August 8 - August 10, 2005

  
Hickson v. State, No. 410, 2004, SUPREME COURT OF DELAWARE, August 8, 2005, Decided
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Overview: Convictions of leaving the scene of an accident and disregarding a police officer's signal, as well as the sentences imposed thereon, were upheld, given the evidence that defendant left the scene of an accident in which he struck the mother of his child, almost hit a patrol officer's vehicle in an escape, and engaged officers in a high speed chase.

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Hudson v. State, No. 15, 2005, SUPREME COURT OF DELAWARE, August 8, 2005, Decided
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Overview: Because a potential juror could remain impartial and render a fair verdict despite her previous experience with defendant and alleged an bias, she was properly allowed to remain on the jury panel. Further, even if a prior Maryland drug conviction erroneously supported a habitual offender sentence, two other convictions properly supported it.

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One Virginia Avenue Condo. Ass'n of Owners v. Reed, Civil Action No. 18726-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 8, 2005, Decided
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Overview: Condominium heating and cooling system expenses were improperly charged as Del. Code Ann. tit. 25, § 2202 common expenses to the extent that owners of commercial units were assessed a share of such expenses not only for common areas, but for residents' units, even though they used a separate system.

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Pavulak v. State, No. 20, 2005, SUPREME COURT OF DELAWARE, August 8, 2005, Decided
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Overview: Because the superior court erred, as a matter of law, in sentencing defendant to a prison term that was longer than the balance of his reduced and original suspended sentence of incarceration, the sentence upon a second violation of probation was vacated.

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In re Walt Disney Co. Derivative Litig., CONSOLIDATED C. A. No. 15452, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 9, 2005, Decided , August 9, 2005, Filed
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Overview: A corporation's directors did not breach their fiduciary duties or commit waste in connection with the 1995 hiring and 1996 termination of a corporation's president. The directors did not act in bad faith, and were at most ordinarily negligent, in connection with his hiring and the approval of the employment agreement.

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L. M. M. v. J. C. K., File No(s) CN03-06019, CPI No(s) 02-38460, FAMILY COURT OF DELAWARE, NEW CASTLE, August 9, 2005, Date of Decision
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State v. Carello, CRIMINAL ACTION NUMBERS IN-03-04-1095, IN-03-04-1096, IN-03-04-2073, ID NO. 0304001480, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 9, 2005, Decided
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Overview: An inmate failed to show that he received ineffective assistance of counsel for purposes of his postconviction relief motion under Del. Super. Ct. R. Crim. P. 61, as there was no prejudice shown, issues raised involved trial strategy, there was no evidence to support the claims, or they were procedurally barred due to prior adjudication.

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Pierce v. State, No. 554, 2004, SUPREME COURT OF DELAWARE, August 10, 2005, Decided
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Overview: Prosecutor's closing comments were claimed to have mocked the defense, presented defendant's guilt of robbery as a foregone conclusion, and vouched for the victim. But, the comments merely called attention to incriminating evidence and did not undermine confidence in the jury's verdict.

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