Delaware, May, 2006, State Case law

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State Courts - Delaware - May 17, 2006

DCSE v. Lucas, No. 545,2005, SUPREME COURT OF DELAWARE, May 17, 2006, Decided
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Overview: Family court properly adopted Commissioner's decision, which dismissed Delaware Division of Child Support Enforcement's support petition and did not order child support under Del. Fam. Ct. R. Civ. P. 52(c), as father had always supported child, was incarcerated, had no income, and had no assets. Child was being supported by public assistance.

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Franklin v. State, No. 622,2005, SUPREME COURT OF DELAWARE, May 17, 2006, Decided
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Overview: Denial of appellant's postconviction relief motion pursuant to Del. Super. Ct. R. Crim. P. 61 was affirmed, as there was no merit to the claim that his counsel was ineffective when she failed to file a pretrial motion to disqualify the trial judge. The failure to produce "mitigating evidence" at sentencing had no effect on the mandatory sentences.

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Moye v. State, No. 194, 2006, SUPREME COURT OF DELAWARE, May 17, 2006, Decided
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State v. Bishop, I.D. # 86013220DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 17, 2006, Decided
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State v. Fisher, No. 158, 2005, SUPREME COURT OF DELAWARE, May 17, 2006, Decided
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Overview: Former juvenile delinquent's record was properly expunged under 10 Del. C. ? 1001(c) as the crime of fourth degree rape did not include an allegation of force by the victim, psychological evaluations did not provide a basis to conclude he was a continued risk, and he sought the expungement for recertification as an emergency medical technician.

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