Delaware, August, 2005, State Case law

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State Courts - Delaware - August 15, 2005

Harris v. State, No. 557, 2004, SUPREME COURT OF DELAWARE, August 15, 2005, Decided
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Overview: Motions to suppress and for a mistrial were properly denied as: (1) officers had a reasonable and articulable suspicion to search defendant's person, and conduct Terry search for weapons and search incident to arrest; and (2) comments about the suppression hearing by a testifying officer did not violate defendant's self-incrimination privilege.

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Porter v. State, No. 32, 2005, SUPREME COURT OF DELAWARE, August 15, 2005, Decided
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Overview: Since a superior court sentenced defendant for violating his probation under a later version of Del. Code Ann. tit. 11, ? 4204(k) that did not allow good time credits, and since the version of ? 4204(k) that existed when defendant was originally sentenced allowed such credits, retroactive application of the later version was ex post facto.

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Richards v. Gibson, No. 33, 2005, SUPREME COURT OF DELAWARE, August 15, 2005, Decided
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Overview: Father was properly awarded residential custody of his minor child, and such did not result in a dramatic change in her living arrangements, since the child had been in her paternal grandmother's care for nearly two months prior to the hearing, and the father was able to provide for a more stable home, responsible care, and the child's education.

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