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   State Courts - Delaware - May 11 - May 14, 2001

  
Cantor Fitzgerald, L.P. v. Cantor, C.A. No. 16297, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 11, 2001, Decided
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Overview: Award of millions of dollars in attorneys' fees to limited partnership in action against disloyal partners was defensible, despite contractual provision, either as damages or under bad faith exception to American Rule.

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Hovis v. Hughes, Civil Action No. 99C-01-293 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 11, 2001, Decided
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Overview: Plaintiff's motion for new trial in plaintiff's suit concerning an auto accident was granted, because the trial court failed to determine if the risk of an improper inference from photos of the car outweighed their probative value.

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Middlebrook v. State, Nos. 424/427, 2000, SUPREME COURT OF DELAWARE, May 11, 2001, Decided
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Overview: Because of apparent conflicts which defendant had with the public defender's office, the trial court was required to allow defendant the opportunity to either find substitute counsel or make a pro se appearance.

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State v. Gronenthal, IN 98-08-1792 & 1793, IN 98-08-0990 & 0991, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 11, 2001, Decided
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Brittingham v. State, No. 21, 2001, SUPREME COURT OF DELAWARE, May 14, 2001, Decided
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Overview: Defendant had no support for claim of illegal enhancement. Trial court was authorized to reimpose previously suspended prison terms consecutively after probation violation.

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Griffin Dewatering Corp. v. B. W. Knox Constr. Corp., CIVIL ACTION NO: 98L-09-008, SUPERIOR COURT OF DELAWARE, SUSSEX, May 14, 2001, Date of Decision
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Overview: Plaintiff was entitled to recover from defendant contractor for equipment rented to building project under terms of payment bond; by executing the bond, contractor incurred the obligations to pay equipment providers described in the bond.

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In re Perez, No. 109, 2001, SUPREME COURT OF DELAWARE, May 14, 2001, Decided
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Overview: Writ of mandamus could only be issued to a lower court or judge, not correctional facility. Defendant failed to show he followed procedure in lower court for review of sentence.

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Warren v. State, No. 181, 2000, SUPREME COURT OF DELAWARE, May 14, 2001, Decided
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Overview: The 911 calls were admissible as hearsay exceptions, and did not violate Confrontation Clause. Improper comments by prosecutor were not plain error. Jury could have rejected defendant's reasons for his presence in apartment.

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