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   State Courts - Delaware - April 14, 2000

  
Carter v. McLaughlin, No. 207, 1999, SUPREME COURT OF DELAWARE, April 14, 2000, Decided
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Overview: Statute limiting damages from state agency only applied to actions otherwise barred by sovereign immunity, and thus did not apply to gross negligence claim which was specifically within statutory waiver of immunity.

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Davis v. State, No. 348, 1999, SUPREME COURT OF DELAWARE, April 14, 2000, Decided
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Davis v. State, No. 97, 2000, SUPREME COURT OF DELAWARE, April 14, 2000, Decided
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Overview: Appeal dismissed because even assuming court-related personnel erred by failing to send a copy of a court order, appellant knew of the decision by January 12, 2000, and should have filed his notice of appeal by February 11, 2000.

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Dorman v. State, No. 34, 2000, SUPREME COURT OF DELAWARE, April 14, 2000, Decided
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Overview: Defendant was not entitled to legal representation at the violation of probation hearing because the federal Constitution did not afford an indigent person with an absolute right to counsel in such a proceeding.

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In re Murphy, No. 109, 2000, SUPREME COURT OF DELAWARE, April 14, 2000, Decided
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Overview: Petitioner's motion for a writ of mandamus was dismissed, because he had not demonstrated that the superior court had arbitrarily failed or refused to perform a duty owed to him.

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Jelin v. NRG Barriers, Inc., No. 286, 1999, SUPREME COURT OF DELAWARE, April 14, 2000, Decided
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Jones v. State, No. 524, 1999, SUPREME COURT OF DELAWARE, April 14, 2000, Decided
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Overview: Denial of motion for sentence correction affirmed because sentence imposed was within the statutory limits, and court rule allowing correction of illegal sentence afforded relief only when sentence exceeded limits.

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Martin v. Charles Murphy Assocs., C.A. No. 98-12-0046, COURT OF COMMON PLEAS OF DELAWARE, KENT, April 14, 2000, Decided
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Overview: Judgment was entered in favor of property owners against a surveyor in a negligence action, because the evidence at trial indicated that the surveyor made a mistake in marking the height at which pilings for a house were to be cut.

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Teagle v. State, No. 53, 2000, SUPREME COURT OF DELAWARE, April 14, 2000, Decided
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Overview: No error was found in summary denial of criminal appellant's motion for postconviction relief filed 16 years after trial based on evidence that should have been discovered in due diligence at his original trial.

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Weedon v. State, No. 246, 1999, SUPREME COURT OF DELAWARE, April 14, 2000, Decided
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Overview: Recantation of testimony of two witnesses, viewed in conjunction with denials contained in other affidavits, defeated presumption that defendant's postconviction relief motion should be procedurally barred.

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