Delaware, May, 2006, State Case law

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State Courts - Delaware - May 18, 2006

Nevins v. Bryan, No. 60,2006, SUPREME COURT OF DELAWARE, May 18, 2006, Decided
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Rawley v. J.J. White, Inc., C.A. No: 05C-05-033, SUPERIOR COURT OF DELAWARE, KENT, May 18, 2006, Decided
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Overview: When a workers' compensation claimant alleged that defendants had failed to timely pay a medical bill, this did not constitute a termination of benefits and thus was not a proper subject for a claim under Del. Code Ann. tit. 19, ? 2357. The claimant should have requested a hearing by the industrial board under Del. Code Ann. tit. 19, ? 2346.

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State v. Douglas, Defendant ID No. 0309000027A, SUPERIOR COURT OF DELAWARE, SUSSEX, May 18, 2006, Decided
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Overview: Defendant's motion for postconviction relief was denied as defendant's ineffective assistance of counsel claim that his attorney never interviewed the witnesses that he provided to her was conclusory; defendant did not identify the witnesses or indicate how they would have been helpful.

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State v. Roten, Def. ID # 0401005180, SUPERIOR COURT OF DELAWARE, SUSSEX, May 18, 2006, Decided
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Overview: Inmate was not entitled to postconviction relief under Del. Super. Ct. R. Crim. P. 61 where he argued that trial counsel failed to investigate victim's allegedly superficial injuries, thus preventing inmate from bargaining for plea to lesser offense than first-degree assault. Victim's injuries, including multiple facial fractures, were severe.

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State v. Soliman, I.D. No. 0502000655, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 18, 2006, Decided
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Overview: Because a jury had sufficient evidence to find defendant guilty of conspiracy, the jury's verdict of guilty on a conspiracy charge but not guilty on the underlying charge of promoting prison contraband, was not an inconsistent verdict as a matter of law. Thus, defendant's motion for a new trial pursuant to Del. Super. Ct. R. Crim. P. 33 was denied.

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State v. West, Def. ID# 0103022188, SUPERIOR COURT OF DELAWARE, SUSSEX, May 18, 2006, Decided
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Overview: Defendant's postconviction motions under Del. Super. Ct. R. Crim. P. 61(i) and 35(a) were denied because (1) his claims were procedurally barred under Del. Super. Ct. R. Crim. P. 61(i)(3); (2) trial counsel was not ineffective; and (3) Del. Code Ann. tit. 11, ? 4333(b) did not prevent the court from imposing a jail term of greater than two years.

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Tolson v. State, No. 93,2005, SUPREME COURT OF DELAWARE, May 18, 2006, Decided
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Overview: Trial court did not err in entering judgments of conviction against defendant arising out of drug sale, as arresting officers' reliance on information supplied by informant was justified and sufficient to establish probable cause; under totality of circumstances, probable cause to arrest existed as informant's tip was corroborated in many regards.

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