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   State Courts - Delaware - September 6 - September 7, 2005

  
Bd. of Managers of the Del. Crim. Justice Info. Sys. v. Gannett Co., C.A. No. 01C-01-039 WLW, SUPERIOR COURT OF DELAWARE, KENT, September 6, 2005, Issued
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Overview: Court deferred action for 60 days on publisher's motion to reargue order pertaining to part of a request for a writ of mandamus related to publisher's request to obtain non-conviction data and geographic information from state agencies. Parties' compromise agreements mooted all issues except expenses for agencies to produce three fields of data.

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Rahim v. State, No. 98, 2005, SUPREME COURT OF DELAWARE, September 6, 2005, Decided
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Brown v. Carroll, No. 298, 2005, SUPREME COURT OF DELAWARE, September 7, 2005, Decided
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First State Staffing Plus, Inc. v. Montgomery Mut. Ins. Co., Civil Action No. 2100-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, September 7, 2005, Filed
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Overview: No credible evidence supported an insured's claim that insurance agent agreed to accept installment payments of overdue workers' compensation premiums and to assure that carrier did not cancel coverage; finding of absence of any such agreement further precluded claims that agent had acted fraudulently or negligently.

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Goodman v. State, No. 5, 2005, SUPREME COURT OF DELAWARE, September 7, 2005, Decided
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Overview: Dismissal of automobile owners' petition for return of their vehicle seized pursuant to an asset seizure warrant was not error; State was not shown to still be in possession of vehicle because it had been given to lienholder, and Delaware Uniform Controlled Substances Act, Del. Code Ann. tit. 16, ?? 4701-4796, did not allow money damage award.

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Guinn v. State, No. 52, 2005, SUPREME COURT OF DELAWARE, September 7, 2005, Decided
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Overview: Because defendant did not demonstrate that trial counsel was unreasonable and unprofessional or that he was prejudiced as a result counsel's alleged ineffectiveness, the trial court properly denied defendant's motion for postconviction relief as procedurally barred under Del. Super. Ct. R. Crim. P. 61(i)(3) and (4).

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Joyner v. Kmart Corp., No. 206, 2005, SUPREME COURT OF DELAWARE, September 7, 2005, Decided
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Overview: Invitee was injured by store's automatic door before store filed for bankruptcy protection. Even though the invitee said she did not get notice of the bankruptcy proceeding to file a proof of claim, her claim had been discharged in the bankruptcy proceeding and her remedy was with the bankruptcy court and not Delaware's Superior Court.

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Steckel v. State, No. 109, 2005, SUPREME COURT OF DELAWARE, September 7, 2005, Decided
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Overview: Because defendant's arguments were not preserved for review and his second postconviction motion was untimely, the motion was procedurally barred by Del. Super. Ct. R. Crim. P. 61(i)(1), (2); in any event, the jury was not misinformed about its responsibility in sentencing under Del. Code Ann. tit. 11, ? 4209(e)(2) (2005).

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Whiteman v. State, No. 292, 2005, SUPREME COURT OF DELAWARE, September 7, 2005, Decided
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Overview: Since Del. Super. Ct. R. Crim. P. 35(a) was an improper procedural vehicle for a defendant to challenge the imposition of a sentence on an earlier plea agreement, and since that rule was improper for challenging plea agreements, the superior court properly denied defendant's motion under Rule 35(a) to correct an illegal sentence.

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Williams v. Kraft Foods, C.A. No. 04A-05-002 JTV, SUPERIOR COURT OF DELAWARE, KENT, September 7, 2005, Decided
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Overview: After court decided that employer was to pay employee's medical expert's fees, court allowed employee's counsel's attorney fees for $ 250 per hour, denied attorney fees for counsel's associate since she was not acting as counsel at the time, and, since issues were narrow and not complex, denied one-third multiplier attorney fees.

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