Delaware, May, 2009, State Case law

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State Courts - Delaware - May 31 - June 1, 2009

Upfront Enters., LLC v. Kent County Levy Court, C.A. No. 2678-VCN, COURT OF CHANCERY OF DELAWARE, KENT, May 31, 2009, Decided
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Barr v. Div. of Family Servs., No. 538, 2008, SUPREME COURT OF DELAWARE, June 1, 2009, Decided
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Overview: Father's repeated incarcerations, which interfered with his ability to care for his child, was evidence under 13 Del. C. ? 1103(a)(2)(a.)(2.) of his failure to manifest ability and willingness to assume legal and physical custody of her of her for at least six consecutive months in year before petition to terminate his parental rights was filed.

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Ellis v. State, No. 462, 2008, SUPREME COURT OF DELAWARE, June 1, 2009, Decided
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Overview: Because the record did not reflect that defendant had a conflict with counsel that required the appointment of new counsel and/or that the trial court abused its discretion when denying defendant's request for a continuance, pursuant to Del. Sup. Ct. R. 26(c), defendant's appeal was wholly without merit and devoid of any arguably appealable issue.

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