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   State Courts - Delaware - May 12, 2004

  
Garlic v. Hojnicki, No. 43, 2004, SUPREME COURT OF DELAWARE, May 12, 2004, Decided
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Overview: Where the father acknowledged that h was a stranger to his child, .the Family Court did not err or abuse its discretion in holding that it was in the "best interests of the child" that the mother be awarded sole custody.

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Grosvenor v. State, No. 47, 2004, SUPREME COURT OF DELAWARE, May 12, 2004, Decided
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Overview: Where defendant could not show cause or prejudice in counsel's alleged ineffectiveness and the claim was not raised in the proceedings leading to the judgment of conviction, the State's motion to affirm the judgment was granted.

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Hamilton v. State, No. 495, 2003, SUPREME COURT OF DELAWARE, May 12, 2004, Decided
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Overview: Where the trial court had previously considered defendant's ineffective assistance and jail-time credit claims, the court properly denied defendant's second postconviction motion as repetitive and formerly adjudicated.

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In re Speedway Motorsports, Inc., No. 546, 2003, SUPREME COURT OF DELAWARE, May 12, 2004, Decided
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Marvel v. Carroll, No. 427, 2003, SUPREME COURT OF DELAWARE, May 12, 2004, Decided
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Taylor v. State, No. 460, 2003, SUPREME COURT OF DELAWARE, May 12, 2004, Decided
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Overview: Judge did not improperly exclude evidence of a victim's three prior convictions for unlawful sexual assault during defendant's trial; judge properly determined that prejudicial effect of evidence regarding convictions outweighed its probative value.

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Whitfield v. State, No. 29, 2004, SUPREME COURT OF DELAWARE, May 12, 2004, Decided
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Overview: A defendant's claims that drug charges were duplicative and that he was denied a speedy trial challenged the validity of his convictions, not the legality of his sentence, and could not be raised in a motion for correction of sentence.

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Wilson v. State, No. 570, 2003, SUPREME COURT OF DELAWARE, May 12, 2004, Decided
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Overview: Where an owner's petition for the return of a forfeited vehicle was not filed within 45 days of the publication date, it clearly was untimely under Delaware's forfeiture statute and the civil procedure rules.

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Wolf v. State, No. 581, 2003, SUPREME COURT OF DELAWARE, May 12, 2004, Decided
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Overview: Court properly denied defendant's motion for DNA testing after his rape conviction because test would not produce any more favorable result than that produced during trial; defendant had been convicted based on his testimony and that of the victim.

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