Delaware, May, 2006, State Case law

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State Courts - Delaware - May 3 - May 4, 2006

Brown v. State, No. 521, 2005, SUPREME COURT OF DELAWARE, May 3, 2006, Decided
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Overview: Trial court properly affirmed an agency's denial of a worker's claim for additional workers' compensation benefits, as the claim was filed outside of the five-year limitations period provided by Del. Code Ann. tit. 19, ? 2361(b), and the worker had been notified of the limitations period in a receipt which the worker signed.

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Chinski v. State, No. 395, 2005, SUPREME COURT OF DELAWARE, May 3, 2006, Decided
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Overview: An inmate had no right to postconviction relief under Del. Super. Ct. R. Crim. P. 61; he did not show how his murder trial's outcome would have been different if his counsel had taken the steps about which the inmate complained, and a failure to take steps that would not have produced desired results was not the ineffective assistance of counsel.

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McCafferty v. State, No. 615, 2005, SUPREME COURT OF DELAWARE, May 3, 2006, Decided
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Overview: Because an inmate's objection to a special no contact condition of his sentence did not render the commitment invalid under Del. Code Ann. tit. 11, ? 4205(b)(2), it was manifest on the face of the inmate's opening brief that his appeal lacked merit; therefore, his petition for a writ of habeas corpus was properly denied.

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Reeder v. State, No. 273, 2005, SUPREME COURT OF DELAWARE, May 3, 2006, Decided
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Overview: No right to postconviction relief under Del. Super. Ct. R. Crim. P. 61 existed; inmate's claim of perjury by state witness was presented in his direct appeal and was procedurally barred under Rule 61. He also failed to set forth, as he was required to, any concrete allegations of actual prejudice in his claim of ineffective assistance of counsel.

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State v. Jackson, Cr. ID No. 92003717DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 3, 2006, Decided
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Overview: No right to discover defendant's corrections file or medical records existed; he did not seek to commute his death sentence but was on a fishing expedition, which was not good cause under Del. Super. Ct. Crim. R. 61. Del. Code Ann. tit. 11, ? 4322(a), gave court discretion to deny request that was not in best interest of State or person's welfare.

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Whitfield v. State, No. 332, 2005, SUPREME COURT OF DELAWARE, May 3, 2006, Decided
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Vincent v. State, C.A. No. 06A-04-004 THG, SUPERIOR COURT OF DELAWARE, SUSSEX, May 4, 2006, Decided
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Overview: Defendant's petition for the issuance of a writ of certiorari or a writ of mandamus was denied because the reviewing court would not allow a certiorari proceeding to circumvent limitations on appeal rights in Del. Const. art. IV, ? 11(1)(b). Further, the court could not compel the lower court to decide the matter in any particular manner.

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White v. State Violent Crimes Comp. Bd., C.A. No. 06A-03-002, SUPERIOR COURT OF DELAWARE, SUSSEX, May 4, 2006, Decided
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Overview: Appeals by violent crime compensation claimant from Violent Crimes Compensation Board were dismissed because he did not file appeal of final decision within 30 days, as required by Del. Code Ann. tit. 11, ? 9005(3), and did not seek a hearing before the Board, as required by Del. Code Ann. tit. 11, ? 9008(b), before judicial review could be sought.

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