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   State Courts - Delaware - May 13 - May 14, 2003

  
State v. Akala, I.D. No. 0112009759, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 13, 2003, Decided
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Overview: An outburst from a witness which did not directly relate to defendant's crime of falsely reporting an incident to police, and which was the subject of a curative instruction, did not require a mistrial because no prejudice to defendant was found.

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State v. McDowell, I.D. # 006018537, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 13, 2003, Decided
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Overview: Defendant's failure to comply with the requirements of the Uniform Agreement on Detainers was fatal to his motion to dismiss the indictment based on speedy trial grounds.

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Willing v. Midway Slots, C.A. No. 02A-07-001-RFS, SUPERIOR COURT OF DELAWARE, SUSSEX, May 13, 2003, Decided
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Overview: An employer's showing by substantial evidence that employee's total disability had terminated before her re-injury in a household accident did not preclude the employee from bringing a new claim for aggravation or recurrence of the old injury.

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State v. Downing, Def. ID # 0109001005 (R-2), SUPERIOR COURT OF DELAWARE, SUSSEX, May 14, 2003, Decided
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Taylor v. State, Nos. 321 & 344, SUPREME COURT OF DELAWARE, May 14, 2003, Decided
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Overview: Reargument of affirmance of death sentence was denied, as although the original opinion affirming the death sentence misconstrued the circumstances in cited case, distinction did not alter result, where mix of mitigating circumstances was different.

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Zebroski v. State, No. 482, 2001, SUPREME COURT OF DELAWARE, May 14, 2003, Decided
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Overview: Although open-ended questions might be preferable in death-penalty jury voir dire, they were not constitutionally required. Therefore, court could not reasonably find defense counsel ineffective for not requesting an open-ended voir dire examination.

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