Delaware, May, 2003, State Case law

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State Courts - Delaware - May 20, 2003

Allison v. State, No. 27, 2003, SUPREME COURT OF DELAWARE, May 20, 2003, Decided
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Overview: Where defendant failed to raise any argument in his opening brief concerning denial of his sentence modification motions and failed to properly perfect a postconviction appeal, the trial court's judgment was affirmed.

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Brathwaite v. State, No. 169, 2003, SUPREME COURT OF DELAWARE, May 20, 2003, Decided
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Overview: Where a defendant requested that he be allowed to proceed pro se on his appeal from a denial of his new trial motion following his convictions, the matter was remanded for an evidentiary hearing on that issue.

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Casale v. Chambers, C.A. No. 99C-04-325-JRJ (Consolidated), SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 20, 2003, Decided
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Overview: First driver was negligent in a manner that proximately caused the collision and he was not entitled to any damages. Because he proceeded to make his left turn on a solid green light, he was required to yield the right of way to the second driver.

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Hacker v. Newell/Kirsch, C.A. No. 02A-06-005 HDR, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 20, 2003, Decided
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Overview: Workers' compensation award based on a half-time work week was supported by substantial evidence where the worker's employment history and testimony indicated that due to family responsibilities, she normally worked part-time.

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O'Donnell v. Nixon Unif. Serv., C.A. No. 01C-10-291 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 20, 2003, Decided
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Overview: Dismissal of previous action, with prejudice, following attorney nonfeasance in failure to respond to motion to dismiss, was judgment on merits, such that savings statute did not apply. Action, which was refiled, was barred by statute of limitations.

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Proctor v. State, Nos. 120/159, 2002 (Consolidated), SUPREME COURT OF DELAWARE, May 20, 2003, Decided
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Overview: In light of defendant's failure to diligently prosecute the appeals by not filing an opening brief and appendix, dismissal of the action was appropriate.

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