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   State Courts - Delaware - June 3 - June 5, 2003

  
Chavin v. PNC Bank, C.A. No. 18366, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 3, 2003, Decided
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Overview: Trial court was not entitled to consider sole heir's principal arguments on remand of case from the state supreme court, as state supreme court was presumed to have ruled on them, but sole heir was entitled to award of reasonable attorney fees.

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Collins v. State Farm Mut. Auto. Ins. Co., C.A. No. 00C-10-157, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 3, 2003, Decided
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Overview: Evidence supported jury's verdict that adult woman who worked in Pennsylvania and divided her nights between parents' home in Delaware and boyfriend's home in Pennsylvania did not live with parents and was not insured under father's insurance policy.

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Fernandes v. Mansoory, No. 622, 2002, SUPREME COURT OF DELAWARE, June 3, 2003, Decided
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In re Fink, No. 250, 2003, SUPREME COURT OF DELAWARE, June 3, 2003, Decided
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Overview: Where an attorney was convicted of possession of child pornography and unlawful dealing in material depicting a child engaging in a prohibited sexual act, the attorney's misconduct warranted disbarment without further proceedings.

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Jamison v. State, No. 440, 2002, SUPREME COURT OF DELAWARE, June 3, 2003, Decided
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Overview: Supreme court affirmed denial of murder defendant's motion to withdraw guilty plea, after his sentence to life plus 152 years; motion was barred as he did not directly appeal; plea was voluntary and did not require guideline sentencing.

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Johnson v. State, No. 691, 2002, SUPREME COURT OF DELAWARE, June 3, 2003, Decided
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Overview: Where a trial court was authorized to reimpose the suspended portion of defendant's original sentence after he violated probation, defendant did not demonstrate either a closed mind on the part of the judge or an abuse of discretion.

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Middlebrook v. Ayres, C.A. No. 02C-07-203 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 3, 2003, Decided
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Overview: Courts did not appoint experts to testify for either party in civil actions, and a motion to appoint an expert in a legal malpractice action brought by an inmate was denied. Letters submitted by the inmate were inappropriate for judicial notice.

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In re Citigroup, Inc. S'holders Litig., Consolidated Civil Action No. 19827, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 5, 2003, Decided
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Overview: In a derivative suit, amended complaint's alleged reasons for suing shareholders' lack of a presuit demand on corporation's directors were insufficient, and there was no basis from which to infer excusal of such demand, so complaint was dismissed.

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