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| Chao v. State, No. 475, 2004,
SUPREME COURT OF DELAWARE, June 20, 2007, Decided
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Overview: Defendant's felony murder convictions were remanded for further proceedings on her motion for postconviction relief because defendant may have been convicted for acts that did not constitute felony murder in light of a retroactive decision that required the murder to occur during the course of a felony and occur to facilitate commission of felony.
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| State v. Davis, Def. ID # 0410013589,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 20, 2007, Decided
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Overview: Defendant was denied postconviction relief under Del. Super. Ct. R. Crim. P. 61 based on the revocation of his Level 3 probation because the court was authorized to revoke his probation at any time. It did not matter that defendant was on conditional release and had not yet begun serving his Level 3 probation at the time of the alleged violation.
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| State v. Dombrosky, Def. ID # 9708004381,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 20, 2007, Decided
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Overview: Because defendant had not overcome the procedural bars to the court's consideration of his Del. Super. Ct. R. Crim. P. 61 motion, as the motion was time-barred, the repetitive arguments were barred, and the previously adjudicated grounds were barred, the motion had to be denied.
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| State v. Kelly, Def. ID # 9807015270,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 20, 2007, Decided
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Overview: The filing of a complaint in a Justice of the Peace Court commenced the criminal proceeding against defendant, thus, since the State waited eight years after defendant was arrested for driving under the influence of alcohol and disregarding a traffic control device, the prosecution was time-barred, pursuant to 11 Del. C. § 205(b)(3) and (h).
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| Anchor Invs., Inc. v. Daystar Sills, Inc., No. 265, 2007,
SUPREME COURT OF DELAWARE, June 21, 2007, Decided
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| State v. Miller, ID No. 0607013529, Delaware Supreme Court No. 143, 2007,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 21, 2007, Decided
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| State v. Bowen, Def. ID # 0505011529,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 22, 2007, Decided
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Overview: Because a probationer did not show the result of his violation of probation hearing would have changed if his attorney had made a better argument or asked for additional information or more time to provide the court with additional information, the probationer's Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was denied.
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| Upfront Enters., LLC v. Kent County Levy Court, C.A. No. 2678-VCN,
COURT OF CHANCERY OF DELAWARE, KENT, June 22, 2007, Filed
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Overview: Because a county's ordinance caused a change in zoning regulations which dealt with the timing and sequencing of the land use regulatory process and it was not submitted to the regional planning commission for review, pursuant to Del. Code Ann. tit. 9, § 4911(a), its enactment without prior review precluded it from being effective.
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