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State Courts -
Delaware - August 24, 2005
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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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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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