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   State Courts - Delaware - June 16 - June 18, 2008

  
Anderson v. R.A. Midway Towing, No. 600, 2007, SUPREME COURT OF DELAWARE, June 16, 2008, Decided
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Cooper v. State, No. 55, 2008, SUPREME COURT OF DELAWARE, June 16, 2008, Decided
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Overview: An inmate's postconviction relief motion was properly denied where, inter alia, the record did not support the contention that counsel misrepresented the content of the victim's various statements concerning the nature of the sexual contact in order to force the inmate to plead guilty to rape and other charges.

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State v. Gibson, ID # 0602015743, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 16, 2008, Decided
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Burrell v. State, No. 605, 2007, SUPREME COURT OF DELAWARE, June 17, 2008, Decided
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Overview: Defendant's second Del. Super. Ct. R. Crim. P. 61 postconviction relief motion was properly denied, as trial court's finding that evidence presented at his trial showed that the killing was committed "in furtherance of" the armed robbery was not clearly erroneous because the killing was shown to have occurred to prevent resistance to the robbery.

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ConAgra/Pilgrim's Pride, Inc. v. Green, No. 653, 2007, SUPREME COURT OF DELAWARE, June 17, 2008, Decided
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Overview: Where an employee petitioned to determine additional compensation due, the Industrial Accident Board did not abuse its discretion in granting her motion to voluntarily withdraw her petition, because the Board did not find that the employer was prejudiced; the employee was entitled to attorneys' fees under Del. Code Ann. tit. 19, ¿ 2350(f).

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Giannattasio v. State, No. 243, 2008, SUPREME COURT OF DELAWARE, June 17, 2008, Decided
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Malin v. State, No. 638, 2007, SUPREME COURT OF DELAWARE, June 17, 2008, Decided
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Overview: Evidence sufficiently supported defendant's convictions for robbery at two stores; cashier at first store identified him at trial, which was confirmed by surveillance videotapes, and robbery in second case was established by his threat of force pursuant to Del. Code Ann. tit. 11, ¿ 831(a)(1), which caused cashier to "freeze" while he took money.

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Wright v. Moore, No. 612, 2007, SUPREME COURT OF DELAWARE, June 17, 2008, Decided
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Overview: Where a personal injury suit was remanded for a second trial, a judgment denying the injured party's motion to modify a scheduling order to reopen discovery was rendered capriciously under Del. Super. Ct. R. Civ. P. 16 because the manifest injustice standard applied and there was no bar to admitting actual medical expenses incurred between trials.

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PAL of Wilmington v. Graham, C.A. No. 07A-05-008 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 18, 2008, Decided
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Roy v. E.I. Dupont De Nemours & Co., C.A. No. 07A-11-004 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 18, 2008, Decided
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