Delaware, August, 2005, State Case law

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State Courts - Delaware - August 16, 2005

Fort James Corp. v. Beck, C.A. No. 19972, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 16, 2005, Decided
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Overview: Since California federal courts were already adjudicating an issue related to whether a parent company's successor brought a proper suit against a bankruptcy trustee and debtor company, court stayed ruling on the parties' motions, which dealt with the Delaware court's jurisdiction to hear the successor's action against the trustee and the debtor.

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Graves v. CMC, Inc., No. 77, 2005, SUPREME COURT OF DELAWARE, August 16, 2005, Decided
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Overview: Because an insurance policy unambiguously excluded coverage for damages resulting from assault and battery, as well as for negligent training of an employee, an individual's claim for negligent training fit squarely and unambiguously within the exclusion; consequently, the trial court properly granted summary judgment to the insurer.

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In re Shockley, No. 182, 2005, SUPREME COURT OF DELAWARE, August 16, 2005, Decided
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Overview: Inmate was not entitled to mandamus relief after the superior court denied his motions to compel as he had an adequate legal remedy, namely, a motion for postconviction relief, in which he could request an expansion of the record to include his supplemental documents and have all the appellate options pertaining thereto.

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Lynch v. City of Rehoboth Beach, Civil Action No. 2266-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, August 16, 2005, Decided
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Overview: When a city's planning commission rezoned lots from commercial to residential, they found rezoning was in the city's interests, based on substantial evidence, and did not act arbitrarily or capriciously, nor did they misunderstand the lot owners' burden of proof to challenge the rezoning. A previously adopted comprehensive plan allowed rezoning.

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Merillo v. State, No. 38, 2005, SUPREME COURT OF DELAWARE, August 16, 2005, Decided
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Overview: Defendant's appeal was wholly without merit where defendant challenged his aggravated menacing sentence on double jeopardy grounds and the trial court did not exceed the combined duration of his original sentence or re-sentence defendant on the robbery conviction in manner that was inconsistent with the original sentencing plan.

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Perkins v. State, No. 42, 2005, SUPREME COURT OF DELAWARE, August 16, 2005, Decided
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Overview: Because defendant presented no evidence that his Del. Code Ann. tit. 11, ? 4334(c) (2001) violation of probation sentences were in excess of the statutory limits or what the procedural deficiencies were, pursuant to Del. Sup. Ct. R. 26(c), defendant's appeal was dismissed as wholly without merit and devoid of any arguably appealable issue.

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Starling v. State, No. 260 & 269, 2004 [consolidated], SUPREME COURT OF DELAWARE, August 16, 2005, Decided
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Overview: While a first-degree murder and other related convictions and the jury's sentencing recommendation were all affirmed, the death sentence imposed was vacated because the trial judge erroneously held that he was directed to give that recommendation great weight, which was in contravention to the legislature's amendment to the death penalty statute.

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State v. Goodlett, I.D. No's: 0408002660, 0408009977, 0409003817, SUPERIOR COURT OF DELAWARE, KENT, August 16, 2005, Decided
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Overview: Motions to withdraw a guilty plea, for a preliminary injunction, and for the disqualification and appointment of counsel were denied as defendant did not show cause to withdraw his plea, the Delaware Superior Court lacked jurisdiction to grant a preliminary injunction, the motion to disqualify was moot, and appointment of counsel was unnecessary.

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