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   State Courts - Delaware - July 10, 2008

  
Alderman v. Clean Earth, Inc., No. 568, 2007, No. 569, 2007, No. 570, 2007, SUPREME COURT OF DELAWARE, July 10, 2008, Decided
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Church v. State, No. 205, 2008, SUPREME COURT OF DELAWARE, July 10, 2008, Decided
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Forrester v. Forrester, No. 32, 2007, SUPREME COURT OF DELAWARE, July 10, 2008, Decided
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Overview: Husband's police pension, even though a "substitute" for Social Security benefits, was marital asset subject to equitable division in divorce proceedings. Husband's compensatory time represented vested property interest that was subject to property division; husband was not forced to pay cash, but could have had his part of marital estate reduced.

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In re Haskins, No. 195, 2008, SUPREME COURT OF DELAWARE, July 10, 2008, Decided
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Lewis v. State, No. 551, 2007, SUPREME COURT OF DELAWARE, July 10, 2008, Decided
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Overview: Judgment was affirmed as defense counsel did not provide ineffective assistance by failing to file suppression motion as there was no legal or factual basis to move for suppression of inmate's statement due to alleged intoxication since inmate testified that he had had only one beer prior to altercation with victim.

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Morris v. State, No. 276, 2008, SUPREME COURT OF DELAWARE, July 10, 2008, Decided
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Overview: To the extent that defendant attempted to argue that a departure from the guidelines provided a basis for his claim of an illegal sentence, the claim lacked merit under Del. Sup. Ct. R. 25(a); accordingly, the trial court's denial of defendant's Del. Super. Ct. R. Crim. P. 35(a) motion for correction of an illegal sentence was affirmed.

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Raphael v. Wilson, Civil Action No. 19273-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 10, 2008, Decided
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Overview: Property owners' motion to vacate an arbitrator's award under Del. Code Ann. tit. 10, § 5714 was denied because the motion was time-barred under Del. Code Ann. tit. 10, § 5714(b) as the owners' application to vacate the award was not filed within 90 days after they received it, and they showed no statutory grounds for vacating the award.

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Robinson v. State, No. 14, 2008, SUPREME COURT OF DELAWARE, July 10, 2008, Decided
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Overview: Judgments were affirmed as there was ample evidence supporting defendant's unlawfully obtaining controlled substance under Del. Code Ann. tit. 16, § 4756(a)(3) convictions as defendant nurse practitioner signed prescriptions for controlled substances that were presented by woman matching her description, and picked up by her son.

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Scott v. State, No. 233, 2008, SUPREME COURT OF DELAWARE, July 10, 2008, Decided
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Smith v. State, No. 482, 2007, SUPREME COURT OF DELAWARE, July 10, 2008, Decided
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Overview: Judgment was affirmed as evidence supported assault conviction even though defendant challenged reliability and truthfulness of victim's trial testimony and testimony of lead investigating officer, as jury was solely responsible for judging credibility of witnesses and resolving conflicts in testimony.

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