Delaware, June, 2002, State Case law

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State Courts - Delaware - June 7, 2002

Benjamin v. Appliance & Refrigeration Servs., C.A. No. 00C-07-006WLW, SUPERIOR COURT OF DELAWARE, KENT, June 7, 2002, Corrected Order Submitted , June 7, 2002, Decided
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Overview: A biomechanical expert was unqualified to rebut a surgeon's testimony that a car accident was the medical cause of the alleged injuries; the biomechanical expert's testimony would only confuse and mislead a jury.

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Hamm v. State, No. 16, 2002, SUPREME COURT OF DELAWARE, June 7, 2002, Decided
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Overview: Defendant's burglary conviction was affirmed. There were no innocent explanations for the presence of defendant's fingerprints on the box in the victim's residence. The evidence led to the strong inference that defendant was the perpetrator.

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Hickman v. State, No. 584, 2001, SUPREME COURT OF DELAWARE, June 7, 2002, Decided
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Overview: Unequivocal waiver at trial of right to instruction limiting consideration of bad acts to issue of intent forfeited any claim for plain error review on appeal. Convictions of cocaine possession and trafficking in cocaine were double jeopardy.

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Jones v. State, No. 293, 2000, SUPREME COURT OF DELAWARE, June 7, 2002, Decided
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Overview: Defendant's first degree murder conviction was affirmed where the murder victim's statements regarding her then existing state of mind and intended future acts were properly admitted pursuant to the Delaware Rules of Evidence.

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Moyer v. Moyer, No. 20, 2002, SUPREME COURT OF DELAWARE, June 7, 2002, Decided
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State v. Deangelo, ID # 9903023368, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 7, 2002, Decided
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Overview: Where one of defendant's convictions was vacated, double jeopardy did not bar modification of the remaining sentence on remand to produce a sentencing package of imprisonment and probation equivalent to that originally imposed.

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Telxon Corp. v. Meyerson, No. 328, 2001, SUPREME COURT OF DELAWARE, June 7, 2002, Decided
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Overview: Whether a director offered a corporation a corporate opportunity could not be resolved by summary judgment, nor could questions about the directors' independence and their compensation.

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