Delaware, May, 2006, State Case law

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State Courts - Delaware - May 25, 2006

Farlow v. Wyndham Int'l, Inc., C.A. No. 06C-04-066 MMJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 25, 2006, Decided
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Overview: In a hotel patron's personal injury action, upon her submission of the required paperwork establishing her indigency, and documentation regarding office visits, diagnostic procedures, and surgery related to her injury, her motion to proceed in forma pauperis was granted. Thus, the court ordered service of process to issue.

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Hopkins v. State, No. 384, 2005, SUPREME COURT OF DELAWARE, May 25, 2006, Decided
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Kostyshyn v. New Castle County Dep't of Land Use, No. 143, 2006, SUPREME COURT OF DELAWARE, May 25, 2006, Decided
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State v. Garvey, I.D. # 0107010230, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 25, 2006, Decided
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Overview: Defendant's motion for post-conviction relief was denied as appellate counsel did not provide deficient performance where he failed to raise speedy trial claim on appeal as although two years and three months passed between defendant's arrest and trial, period during which capital murder cases were stayed was excluded from speedy trial analysis.

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State v. Guinn, ID No. 0411013992, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 25, 2006, Decided
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Overview: Defendant's motion for new trial was denied as defendant failed to show prejudice from counsel's tactical decisions on calling and cross-examination of witnesses and conduct of sidebars. Defendant's claim that counsel deprived him of rights was rejected as defendant stated that he was satisfied with counsel's performance.

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State v. Morgan, Def. ID # 92S05729DI, SUPERIOR COURT OF DELAWARE, SUSSEX, May 25, 2006, Decided
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Overview: A motion for postconviction relief under Del. Super. Ct. R. Crim. P. 61 was denied as procedurally barred. Although movant had stated the law regarding the exceptions to the bars, he had not established which exceptions applied to which claims and how they overcame the procedural bars.

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Tomei v. Sharp, CIVIL ACTION NUMBER 05C-10-104-JOH, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 25, 2006, Decided
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Overview: Defendants' motion to dismiss was granted as, while Delaware Whistleblower Act, Del. Code Ann. tit. 19, ? 1701 et seq., waived sovereign immunity, employee alleged that she was fired from State employment due to whistleblowing activities while she was employed by federal government. Act did not protect employee from subsequent employers' actions.

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