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   State Courts - Delaware - August 29 - August 30, 2005

  
Barnes v. Jackson, C.A. No. 1061-K, COURT OF CHANCERY OF DELAWARE, KENT, August 29, 2005, Decided , August 29, 2005, Filed
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Overview: Court entered judgment, pursuant to Del. Code Ann. tit. 25, § 5108, in favor of the landlords in a tenant's action to compel the landlords to convey real property to the tenant under an option to purchase in a lease agreement as the tenant never exercised her option in a legally cognizable fashion before it expired with the lease's termination.

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Butler v. Newark Country Club, C.A. No. 02C-11-072-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 29, 2005, Decided
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Overview: Country club owed no duty to protect eight-year-old trespassing child from its golf course's iced-over water retention pond since the pond (1) was not an artificial condition under the attractive nuisance doctrine and (2) was an "open and obvious danger" that any child old enough to be allowed outside on his own was to recognize and guard against.

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State v. Bacon, IN 00-07-1666-1667R1, 1671-1673-R1; and IN 00-07-0347-0349-R1, 0351-0352-R1, 0356-0358-R1, 0358-R1 -- ID 0006017660, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 29, 2005, Decided
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Overview: Because a stipulation prevented the jury from learning about defendant's prior convictions, a motion to sever would have been denied, counsel had no reason to object to an in-court identification, and there was no videotape of defendant's statements that could be provided to the defense, defendant was not prejudiced by counsel's conduct.

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Anderson v. Silicki, C.A. No. 02C-04-153-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 30, 2005, Decided
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Downer v. Williams, C.A. No. 05M-08-004, SUPERIOR COURT OF DELAWARE, SUSSEX, August 30, 2005, Decided
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Overview: An inmate was not entitled to a writ of mandamus directing prison officials to release him on an earlier date than that which had been calculated because he misunderstood the difference in Level 4 and Level 5 time as set out in his sentencing order and he could request a modification of his sentencing order.

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Johnson v. State, No. 230, 2005, SUPREME COURT OF DELAWARE, August 30, 2005 Decided
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