Delaware, May, 2002, State Case law

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State Courts - Delaware - May 22, 2002

Baker v. State, Cr. A. No. 0012001213, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 22, 2002, Decided
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Overview: Defendant's conviction of driving under the influence was proper, because there was sufficient evidence for the trial court to conclude that defendant was in actual physical control of the vehicle while under the influence of alcohol.

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Colgain v. Oy-Partek Ab (In re Asbestos Litig.), No. 359, 2001, SUPREME COURT OF DELAWARE, May 22, 2002, Decided
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Overview: In products liability claim based on exposure to asbestos mined in Finland by manufacturer's predecessor between 1938 and 1941, manufacturer was entitled to summary judgment. Insufficient evidence was presented that asbestos dangers were known.

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Council of the Dorset Condo. Apts. v. Gordon, No. 238, 2001, SUPREME COURT OF DELAWARE, May 22, 2002, Decided
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Overview: Since windows and doors were explicitly excluded from Delaware condominium declaration's definition of common elements, and since unit owners did not unanimously approve assessments, they were not common elements.

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In re Manis, No. 176, 2002, SUPREME COURT OF DELAWARE, May 22, 2002, Decided
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Overview: Where petitioner did not appeal the dismissal of his petition for a writ of mandamus, he could not use a second writ of mandamus, attacking the dismissal, as a substitute for appellate review. Accordingly, the second petition was dismissed.

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In re Manis, No. 126, 2002, SUPREME COURT OF DELAWARE, May 22, 2002, Decided
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Overview: Defendant's petition for a writ of mandamus challenging his sentence was dismissed, because defendant failed to appeal a sentence modification order, and could not use mandamus as a substitute the regular avenue of appellate review.

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In re Manis, No. 180, 2002, SUPREME COURT OF DELAWARE, May 22, 2002, Decided
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Overview: Defendant's petition for a writ of habeas corpus challenging his sentence was dismissed; defendant failed to appeal a sentence modification order, and could not use the extraordinary writ procedure as substitute for appellate review.

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In re Manis, No. 164, 2002, SUPREME COURT OF DELAWARE, May 22, 2002, Decided
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Overview: Defendant failed to show that he had a clear right to a sentence modification. For the purpose of structuring a sentence, the levels were not "imprisonment"; rather, they determined the intensity of supervision.

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In re Manis, No. 138, 2002, SUPREME COURT OF DELAWARE, May 22, 2002, Decided
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Overview: Writ of prohibition was not issued where the prisoner could have appealed from the superior court's sentence modification order, but he did not; the supreme court's extraordinary writ process was not a substitute for appellate review.

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Johnson v. Colonial Ins. Co., C.A. No. 00C-09-021 HDR, SUPERIOR COURT OF DELAWARE, KENT, May 22, 2002, Decided
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Overview: Insurer was not granted summary judgment on the insured's claim that insurer was liable for costs of a not yet performed surgery, as coverage was claimed and denied within two years of accident under statute, and statutory exception did not apply.

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Rizzi v. Mason, C.A. No. 99C-09-271-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 22, 2002, Decided
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Overview: Jury verdict was not against manifest weight of the evidence as the accident victim suffered constant pain, was depressed and despondent, was required to undergo a surgical procedure for cervical fusion, and was more susceptible to future injury.

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