Delaware, May, 2004, State Case law

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State Courts - Delaware - May 25 - May 26, 2004

Aeroglobal Capital Mgmt., L.L.C. v. First Islamic Inv. Bank, E.C., Civil Action No. 01C-11-127 (CHT), SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 25, 2004, Decided , May 25, 2004, Filed
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Overview: Since a bank availed itself of the laws of Delaware, it was subject to its jurisdiction. However, as the company itself breached and anticipatorily repudiated the letter of intent, summary judgment was granted in favor of the bank.

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Cintra v. State, No. 496, 2003, SUPREME COURT OF DELAWARE, May 25, 2004, Decided
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Overview: Conviction of assault, deadly weapon possession, and reckless endangerment were proper, as recanting wife's prior voluntary statement about defendant's attacking and cutting her with machete was admissible; she was cross examined for truthfulness.

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Collins v. State, No. 505, 2003, SUPREME COURT OF DELAWARE, May 25, 2004, Decided
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Overview: Trial court did not abuse its discretion in allowing the State to withdraw its plea offer, as defendant had not actually entered his guilty plea or relied upon the State's offer to his detriment.

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Mc Conaghie v. Wakefern Food Corp., C.A. No. 01C-05-230 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 25, 2004, Decided
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Overview: Injured party did not show that a contractor who was sued for personal injuries received at a site where the contractor supervised construction had any contact with the site within six years before the action was filed.

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Reese v. State, No. 571, 2003, SUPREME COURT OF DELAWARE, May 25, 2004, Decided
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Overview: No sentence correction for defendant convicted of first degree assault (throwing acid in victim's face then helping him wash it out) was proper; sentence did not violate statute's limits or double jeopardy, and was not ambiguous or contradictory.

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State v. Fletcher, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, May 25, 2004, Decided
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Overview: Evidence was sufficient for convictions of maintaining vehicle for keeping (or delivering) controlled substances and possession of deadly weapon during commission of that felony, even though defendants were acquitted of underlying felonies.

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Cal. Pub. Emples. Ret. Sys. v. Coulter, C.A.No. 19191-NC, COURT OF CHANCERY OF DELAWARE, KENT, May 26, 2004, Decided
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Overview: Delaware chancery court required discovery requests to be appropriately narrowed before it would grant them; it showed more liberality in granting motion to amend complaint despite proposed amendments' failure to add new claims.

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Fiori v. State, ID. No. 0308006360, SUPERIOR COURT OF DELAWARE, KENT, May 26, 2004, Decided
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Overview: Defendant's DUI conviction was properly based on element that Intoxilyzer test was given within four hours after he drove--based on his admission he drank two hours before, warm car engine when officers arrived at accident, and testing time.

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Midcap v. Sears, Roebuck & Co., C.A. No. 01C-03-042 WLW, SUPERIOR COURT OF DELAWARE, KENT, May 26, 2004, Decided
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Overview: A retailer was not entitled to a new trial nor remittitur as a result of a jury award to the survivors of a man killed in a house explosion as a result of a gas stove where the damage award did not shock the court's conscience.

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