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State Courts -
Delaware - June 6, 2007
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In re Taylor, No. 147, 2007,
SUPREME COURT OF DELAWARE, June 6, 2007, Decided
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Overview: Because the trial court was aware of defendant's pending motions, including an amended postconviction motion, and intended to rule upon the motions in due course, defendant did not demonstrate that the trial court arbitrarily failed or refused to act upon his amended postconviction motion; thus, defendant was not entitled to a writ of mandamus.
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Khomenko v. Levitskiy, C.A. No. 05C-12-081-JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 6, 2007, Decided
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Overview: Accident victim's motion for new trial was denied because, under the plain error standard, the defense counsel's comments in closing argument to the jury were not improper, and the defense presented sufficient evidence for the jury to find that the victim suddenly, and without warning, brought his bicycle into the car driver's lane of travel.
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