Delaware, May, 2008, State Case law

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State Courts - Delaware - May 29 - May 30, 2008

Cole v. State, No. 467, 2007, SUPREME COURT OF DELAWARE, May 29, 2008, Decided
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Overview: Motion for post-conviction relief was remanded because it merited appointment of second conflict counsel, and inmate should not have been deprived of representation because of his apparently inadvertent procedural errors; he had filed pro se appeal of a related murder conviction and pro se ineffectiveness claim as to first conflict counsel.

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Day v. State, No. 654, 2007, SUPREME COURT OF DELAWARE, May 29, 2008, Decided
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Overview: Order that inmate had violated his probation was affirmed because his counsel had made a conscientious effort to examine the record and the law, as required by Del. Sup. Ct. R. 26(c), and had properly determined that the inmate could not raise a meritorious claim on appeal.

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Sutherland v. Sutherland, C.A. No. 2399-VCL, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 29, 2008, Decided
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Crane v. Home Depot, Inc., C.A. No. 06C-03-034-RFS, SUPERIOR COURT OF DELAWARE, KENT, May 30, 2008, Decided
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Feldman v. Cutaia, No. 466, 2007, SUPREME COURT OF DELAWARE, May 30, 2008, Decided
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Overview: Because a stockholder's attack on the validity of the challenged stock options was derivative, as it did not relate to the fairness of a merger itself and did not allege a harm that was distinct from that suffered by the corporation as a whole, the Court of Chancery properly dismissed the same on standing grounds under Del. Ch. Ct. R. 12(b)(6).

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Genesis Health Ventures v. Horne, C.A. No. 07A-12-007 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2008, Decided
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Liborio L.P. v. Sussex County Planning & Zoning Comm'n, C.A. No. 05A-11-004 RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, May 30, 2008, Decided
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Moore v. Util. Lines Constr., C.A. No. 07A-08-002-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, May 30, 2008, Decided
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Segovia v. Equities First Holdings, LLC, C.A. No. 06C-09-149-JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 30, 2008, Decided
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State v. Drummond, I.D. No. 0407019483, SUPERIOR COURT OF DELAWARE, SUSSEX, May 30, 2008, Decided
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