Delaware, May, 2006, State Case law

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State Courts - Delaware - May 1 - May 2, 2006

Lawhorn v. New Castle County, C.A. No. 05A-06-007-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 1, 2006, Decided
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Overview: Industrial accident board properly dismissed a worker's petition for additional workers' compensation benefits, as the claim for medical benefits was made outside of the Del. Code Ann. tit. 19, ? 2361(b) five-year statute of limitations for such claims and the worker was given adequate notice of the statute of limitations.

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State v. Robinson, I.D. No. 0509019148, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 1, 2006, Decided
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Overview: The Fourth Amendment and Del. Const. art. I, ? 6, were not implicated when blood was drawn; hospital staff chose to draw defendant's blood, and no State official said to. An officer, in asking if alcohol was involved, was only investigating; facts of accident gave him probable cause to think that defendant was drinking and had killed his passenger.

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Angstadt v. Lippman, C.A. NO. 04C-02-041 (RBY), SUPERIOR COURT OF DELAWARE, KENT, May 2, 2006, Decided
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Overview: Plaintiff's motion for reargument was denied under Del. Super. Ct. R. Civ. P. 59(e) as letter from attorney in firm of plaintiff's counsel alleging that he represented person in accident with juror's vehicle and that he would protect client did not show that juror "knew" letter writer for purposes of truthfulness of voir dire question.

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Clark v. State, No. 417, 2005, SUPREME COURT OF DELAWARE, May 2, 2006, Decided
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Overview: Because defendant advised the trial court that he would seek acquittal based on the time that the crimes of first-degree and second-decree unlawful sexual intercourse and continuous sexual abuse of a child were allegedly committed, the trial court properly instructed the jury that the dates of the offenses were not elements of the crimes.

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I.U. N. Am., Inc. v. A.I.U. Ins. Co., C.A. No. 01C-02-007MJB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 2, 2006, Decided
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Overview: Non-movant insurer was granted summary judgment under Del. Super. Ct. R. Civ. P. 56(c); insurer showed that no ambiguity existed in settlement agreement with insureds and that insurer had to reimburse them only for personal injury sums paid to asbestos claimants. Other sums that insureds paid were not made for asbestos-related personal injuries.

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Roth v. State, No. 306, 2005, SUPREME COURT OF DELAWARE, May 2, 2006, Decided
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Overview: Since the appellate court reviewed the arguments the prisoner contended would have been included in his reply brief and did not find that they would have altered the decision of the trial court on the prisoner's motion for postconviction relief, no prejudice was suffered by the prisoner as a result of the trial court's failure to review his brief.

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