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| Dawkins v. State, No. 299, 2004,
SUPREME COURT OF DELAWARE, September 15, 2005, Decided
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Overview: After a plain error review, convictions based on defendant's murder of his ex-wife were upheld, as the indictment was not fraudulent, two separate indictments were not filed, sufficient evidence supported the same, instructions on the burden of proof were proper, and the testimony presented by the victim's son was not inconsistent.
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| James v. State, No. 89, 2005,
SUPREME COURT OF DELAWARE, September 15, 2005, Decided
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Overview: Jury could have determined victim suffered only physical injury under Del. Code Ann. tit. 11, §§ 612(a), 222(22), and not serious physical injury under Del. Code Ann. tit. 11, §§ 613(a), 222(23), where wound was superficial and victim was hospitalized for only one day; lesser included offense instruction on second degree assault was proper.
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| Kennedy v. Invacare Corp., C.A. No. 04C-06-028 RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, September 15, 2005, Decided
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Overview: Since the injured person's expert presented material factual issues through evidence of causation that was not unreliable and opined that the incident involving a motorized bed should not have occurred absent a design or manufacturing defect or improper maintenance, summary judgment was not appropriate.
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| Legatski v. Bethanyforest Assoc, C.A. No. 03C-07-033-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, September 15, 2005, Decided
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Overview: Homeowners' motion under Del. Super. Ct. R. Civ. P. 15(a) was granted to amend complaint to include claims of breach of contract and warranty in action based on an allegedly defectively and negligently installed septic system; motion was timely under briefing schedule and time of discovery rule prevented statute of limitation bar to amendment.
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| Roten v. State, No. 464, 2004,
SUPREME COURT OF DELAWARE, September 15, 2005, Decided
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Overview: Trial court properly denied motion to withdraw guilty plea that was premised solely on lack of prejudice to State and that lacked any other justification; trial court's finding that withdrawal would unduly burden the court system did not require evidentiary hearing. There was no abuse of discretion in not holding hearing on prejudice to State.
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| Cahall v. Thomas, No. 303, 2005,
SUPREME COURT OF DELAWARE, September 16, 2005, Decided
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Overview: Because a husband and a wife did not timely perfect an appeal from a trial court's final judgment under Del. Sup. Ct. R. 6(a)(i), and because the pendency of a motion for costs did not delay the finality of a judgment on the merits, the appellate court was deprived of jurisdiction to review the jury's verdict.
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| Revel v. State, No. 234, 2005,
SUPREME COURT OF DELAWARE, September 16, 2005, Decided
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Overview: Defendant's motion to correct his sentence was properly denied, and his appeal from the same lacked merit, as the trial court was not required to discharge him as unimproved from an earlier unexpired DUI/burglary sentence, but upon completion of a sentence in a later case, he was to begin serving the balance of the earlier sentence.
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| VanLier v. State, No. 96, 2005,
SUPREME COURT OF DELAWARE, September 16, 2005, Decided
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Overview: Defendant was not entitled to postconviction relief on his claims of an abuse of discretion on the part of the trial judge, problems with the police investigation, the ineffectiveness of his counsel, and improprieties regarding the evidence, as said claims were procedurally barred and the record did not support review in the interest of justice.
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| Vleugels v. Network Flooring & Maint., C.A. No. 05A-02-004-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, September 16, 2005, Decided
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Overview: Industrial Accident Board's determinations in calculating the claimant's average weekly wage pursuant to Del. Code Ann. tit. 19, § 2302(a) that her employment was inherently part time and was likely to remain that way were supported by substantial evidence and, thus, the Industrial Accident Board's average weekly wage calculation was affirmed.
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