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   State Courts - Delaware - August 24, 2005

  
Battaglia v. Battaglia, No. 86, 2005, SUPREME COURT OF DELAWARE, August 24, 2005, Decided
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Overview: Family court did not err in denying a wife's claim to property purchased by her husband which was not purchased in contemplation of marriage and her claim to two other properties, which were purchased with the husband's separate funds. Further, absent any proof of additional appraisal value for marital furnishings, the amount awarded was upheld.

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Drummond v. State, No. 530, 2004, SUPREME COURT OF DELAWARE, August 24, 2005, Decided
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Overview: Defendant's clothing made her appear to be a male, but a bank employee's description of her as male and the wrong description of her make of car did not deprive the police of probable cause to arrest her. Police had similar clothing and car descriptions from a prior, similar robbery.

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E.I. Dupont De Nemours & Co. v. Igwe, C.A.No. 04A-12-016JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 24, 2005, Decided
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Overview: Because there was substantial evidence that an employee suffered a new injury that also aggravated a preexisting injury and there were variations in the medical guidelines for the years relating to the injuries, the employee was properly awarded workers' compensation benefits and apportionment was not appropriate.

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Miller v. State, No. 123, 2005, SUPREME COURT OF DELAWARE, August 24, 2005, Decided
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Overview: Defendant's postconviction claims under Del. Super. Ct. R. Crim. P. 61 after his 11-year-old sex charge and burglary convictions were clearly barred, so dismissal of them was affirmed with no hearing. Claims were untimely, repetitive, and formerly adjudicated under Del. Super. Ct. R. Crim. P. 61(i)(2), 61(i)(2), 61(i)(4), respectively.

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Shockley v. Taylor, No. 216, 2005, SUPREME COURT OF DELAWARE, August 24, 2005, Decided
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State v. Laws, ID No. 0203007255, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 24, 2005, Decided
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Overview: Because defendant's claim of a judicial conflict of interest was not preserved for appeal, his claim that counsel was ineffective for neglecting to consult with him regarding the alleged conflict also collapsed; therefore, defendant was not entitled to postconviction relief under Del. Super. Ct. R. Crim. P. 61(i)(3), (4), (5).

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State v. Price, I.D. 0503002170, SUPERIOR COURT OF DELAWARE, KENT, August 24, 2005, Decided
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Overview: Because the recipient of defendant's communications was not a clergyman as required by Del. R. Evid. 505, was not even in a predominantly clerical position, defendant had no legitimate reason, beyond what she would have with any confidant, to expect sanctity from the court proceedings.

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