Delaware, June, 2007, State Case law

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State Courts - Delaware - June 5, 2007

Andrews v. Del., No. 664, 2006, SUPREME COURT OF DELAWARE, June 5, 2007, Decided
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Bradley v. State, No. 589, 2006, SUPREME COURT OF DELAWARE, June 5, 2007, Decided
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Overview: Because the transcript of defendant's guilty plea colloquy fatally undermined his claim of ineffective assistance of counsel and a coerced guilty plea, his claims on appeal were without merit; therefore, the trial court properly denied his Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief.

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Coury v. State Farm Mut. Auto. Ins. Co., C.A. No. 04C-10-054 JTV, SUPERIOR COURT OF DELAWARE, KENT, June 5, 2007, Decided
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Overview: Insurer was estopped from asserting the defense that medical bills were not submitted within 27 months of an accident under Del. Code Ann. tit. 21, ? 2118(a)(2)(I.2) because the refusal to pay bills after a certain date could have the effect of lulling the passenger into thinking that submission of bills incurred after that date was pointless.

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Gorton v. Brown, No. 611, 2006, SUPREME COURT OF DELAWARE, June 5, 2007, Decided
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Overview: An appeal from the dismissal of a legal malpractice action was dismissed because the client, after numerous motions to stay and extend the time for filing, failed to timely file her opening brief and appendix as ordered by the court; the client's conduct constituted an abuse of the judicial process.

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Neal v. State, No. 644, 2006, SUPREME COURT OF DELAWARE, June 5, 2007, Decided
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Overview: Because defendant's appeal was without merit and devoid of any appealable issue, and because his counsel made a conscientious effort to examine the record and the law and properly determined that defendant could not raise a meritorious claim on appeal under Del. Sup. Ct. R. 26(c), the judgment was affirmed and counsel's motion to withdraw was moot.

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Smith v. State, No. 598, 2006, SUPREME COURT OF DELAWARE, June 5, 2007, Decided
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Overview: Because a trial court's clarification of its sentence was entirely proper, there was no support for defendant's contention that his sentence was illegal; therefore, the trial court properly denied his Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief.

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Woods v. Wal-Mart Stores, Inc., C.A. No. 06A-02-002, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 5, 2007, Decided
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Overview: Although there was sufficient evidence to support Industrial Accident Board's decision to adopt opinion of expert, hired by employer to evaluate employee, that employee, who had been supervisor, could return to work full-time as greeter, Board erred by not considering whether employee had continued partial disability that affected earning capacity.

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