Delaware, May, 2007, State Case law

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State Courts - Delaware - May 24, 2007

Harmon v. State, No. 67, 2007, SUPREME COURT OF DELAWARE, May 24, 2007, Decided
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Overview: Del. Super. Ct. R. Crim. P. 35(a) motion to correct an illegal sentence for robbery first degree was properly denied; defendant failed to show 10-year sentence at Level V, suspended after three years for four years at Level III, exceeded statutory limits, violated double jeopardy, was ambiguous, was internally contradictory, or was unauthorized.

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Henry v. Nanticoke Surgical Assocs., P.A., C.A.No. 05C-02-031 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 24, 2007, Decided
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Overview: In a survival and wrongful death action, a surgeon was entitled to summary judgment. Only evidence that surgeon spoke to the decedent after surgery was a statement the decedent made to a friend, and the statement was inadmissible under Del. R. Evid. 803(3) because it was a statement of the decedent's perception of his conversation with the surgeon.

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In re Lewis, No. 164, 2007, SUPREME COURT OF DELAWARE, May 24, 2007, Decided
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Irvin v. State, No. 148, 2007, SUPREME COURT OF DELAWARE, May 24, 2007, Decided
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Overview: Del. Sup. Ct. R. 25(a) motion to affirm dismissal of inmate's habeas petition was granted; inmate's claim that written sentence did not correspond to oral pronouncement had to be dealt with under criminal procedure rules and appellate process where there was no evidence trial court lacked jurisdiction to sentence or that commitment was irregular.

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Oblates of St. Francis De Sales, Inc. v. Eden, Nos. 211, 212 & 219, 2007, SUPREME COURT OF DELAWARE, May 24, 2007, Decided
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Opportunity Ctr., Inc. v. Jamison, No. 339, 2006, SUPREME COURT OF DELAWARE, May 24, 2007, Decided
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Overview: Trial court's judgment that affirmed the Industrial Accident Board's (Board) decision that awarded the claimant total disability benefits was affirmed; the Board's decision was free from legal error, was supported by substantial evidence, and the claimant's attempt to obtain employment despite disability was against his doctor's orders.

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Ross v. State, C.A. No. 07C-03-393-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 24, 2007, Decided
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