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| Desimone v. Barrows, C.A. No. 2210-VCS,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 7, 2007, Decided
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Overview: A stockholder's derivative action suit was dismissed since he lacked standing, pursuant to Del. Code Ann. tit. 8, § 327, as he did not own stock at the time certain stock option grants were being challenged, and he failed to plead demand excusal, pursuant to Del. Ch. Ct. R. 23.1, by relying on conclusory allegations as to the directors' liability.
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| Bernie's Conchs, LLC v. State, Div. of Natural Res. & Envtl. Control, C.A. No. 06A-12-005-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 8, 2007, Decided
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Overview: The Delaware Department of Natural Resources and Environmental Control's regulations declaring a two-year moratorium on horseshoe crab harvesting were invalid as they were not supported by substantial evidence that the population was endangered or that a moratorium made an appreciable difference in egg availability for red knots.
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| Kaufman v. Kumar, C.A. No. 2418-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 8, 2007, Decided
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Overview: An action alleging, inter alia, breach of fiduciary duty was dismissed with prejudice where a pending federal action that was filed two years prior to the individual's action involved substantially the same parties and same key issues, and the federal judge was familiar with parties and issues and was capable of delivering appropriate judgment.
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| State v. Darling, I.D. No. 0607014245,
SUPERIOR COURT OF DELAWARE, KENT, June 8, 2007, Decided
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Overview: Officer's stop of defendant was constitutionally reasonable under Fourth Amendment standard because officer had probable cause to stop defendant. Officer witnessed defendant violate Del. Code Ann. tit. 21, § 4146(c), when defendant walked eastbound in eastbound lane; officer's subjective intent at time of stop was irrelevant.
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| State v. Gentry, Case No.: 0608004559, 0609007835,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, June 8, 2007, Decided
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Overview: Lewdness statute, Del. Code Ann. tit. 11, § 1341, did not constitute surplusage in comparison with the indecent exposure statute, Del. Code Ann. tit. 11, §§ 764, 765, because the legislative history indicated that "lewdness" did not necessarily include an exposure of the genital organs.
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| Bentley v. State, No. 387, 2006,
SUPREME COURT OF DELAWARE, June 11, 2007, Decided
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Overview: Because defendant's girlfriend's motive for changing her testimony, her relationships with defendant and his uncle, and her drug use were not collateral matters, her assertion of the Fifth Amendment privilege deprived defendant of his right to test the truth of her direct testimony; therefore, defendant was entitled to a new trial.
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| McCoy v. Cox, C.A. No. 04C-10-039,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 11, 2007, Decided
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Overview: Buyer did not show that sellers violated 6 Del. C. § 2572(a) by failing to disclose that they were told by county officials that property could not be subdivided as buyers did not discuss subdivision per se with drafting technician, and county officials never advised sellers affirmatively that property could not be subdivided.
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| State v. Cordrey, I.D. No. 0608015070, I.D. No. 0606012780, ID. No. 0609004055,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 11, 2007, Decided
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Overview: Del. Code Ann. tit. 21, § 4176A, barring operating a vehicle causing a death, was not unconstitutionally vague for not giving a mental state because it was intentionally excluded from the culpability requirements of Del. Code Ann. tit. 11, § 251(c), and legislatures could constitutionally criminalize conduct without giving a required mental state.
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