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| DiFrancesco v. Mayor & Town Council of the Elsmere, CIVIL ACTION NUMBER 06A-06-001-JOH,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 28, 2007, Decided
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Overview: A town council exceeded its authority when it denied a property owner's request to subdivide a single lot into two when doing so was permitted and the owner's application complied in all regards with applicable zoning requirements; the decision was arbitrary and the denial frustrated the owner's reasonable expectations of ownership.
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| Everett v. State, No. 602, 2006,
SUPREME COURT OF DELAWARE, June 28, 2007, Decided
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Overview: A probation officer's search of defendant's vehicle, under Del. Code Ann. tit. 11, § 4321(d), was not suppressed because the officer did not act at the request of police, as he did an independent investigation and had permission from his supervisor, so the search substantially complied with Department of Correction regulations and was reasonable.
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| Franklin v. State, No. 427, 2006,
SUPREME COURT OF DELAWARE, June 28, 2007, Decided
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Overview: Plain error violating Del. Sup. Ct. R. 8 was not committed in trying defendant on all four criminal charges even though the possession of a deadly weapon by a person prohibited charge allowed his prior felony conviction to be admitted without him testifying; he was not prejudiced since evidence on that charge was sufficient to support the verdict.
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| Mullin v. State, No. 681, 2006,
SUPREME COURT OF DELAWARE, June 28, 2007, Decided
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Overview: Appeal was wholly without merit and State's motion to affirm judgment, which sentenced defendant for violation of probation (VOP), was granted because it was within superior court's discretion to order defendant held without bail pending the VOP hearing, given that the department of probation and parole claimed that he absconded from his probation.
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| State v. Gomez, CRIMINAL ACTION NUMBERS IN-07-02-0558, IN-07-02-0559, IN-07-02-0560, IN-07-02-0561, IN-07-02-0562, IN-07-02-0563, IN-07-02-0564, IN-07-02-0565, IN-07-02-0566, IN-07-02-0567, IN-07-02-0568, IN-07-02-0569, IN-07-02-0570, IN-07-02-0571, IN-07-02-0572, IN-07-02-0573, IN-07-02-0574, ID No. 0607012785, CRIMINAL ACTION NUMBERS IN-07-02-0621, IN-07-02-0622, IN-07-02-0623, IN-07-02-0624, IN-07-02-0625, IN-07-02-0626, IN-07-02-0627, IN-07-02-0628, IN-07-02-0629, IN-07-02-0630, IN-07-02-0631, IN-07-02-0632, IN-07-02-0633, IN-07-02-0634, IN-07-02-0635, IN-07-02-0636, IN-07-02-0637, ID No. 0607014281, CRIMINAL ACTION NUMBERS IN-06-07-1991, IN-06-07-1992, IN-06-07-1993, IN-06-07-1994, ID No. 0607015781,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 28, 2007, Decided
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Overview: Court denied State's motion to join defendant one, who was charged with riot, for trial with defendants two and three, who were charged with riot, murder, and attempted murder because the riot and the shootings, which led to the murder charges, occurred at different times and locations and there was a risk of substantial prejudice to defendant one.
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| Wright v. Platinum Fin. Servs., No. 139, 2007,
SUPREME COURT OF DELAWARE, June 28, 2007, Decided
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Overview: Plaintiff's Del. Sup. Ct. R. 25(a) motion to affirm an order, which affirmed the dismissal of a counterclaim and denied defendant's motions, was granted because it was manifest on the face of opening brief that the appeal was without merit because the issues it presented were controlled by settled Delaware law and there was no abuse of discretion.
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| Bunting v. Citizens Fin. Group, C.A. No. 05C-03-013-ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 29, 2007, Decided
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Overview: As an implied contract between an employee and employer (modifying the employee's employment-at-will status in exchange for notarizing the documents) substantially implied with the notary law, the employer's motion for judgment as a matter of law (Del. Super. Ct. R. Civ. P. 50(b)) was denied.
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| MetCap Secs. LLC v. Pearl Senior Care, Inc., C.A. No. 2129-VCN,
COURT OF CHANCERY OF DELAWARE, KENT, June 29, 2007, Decided
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Overview: Plaintiff could not successfully argue that court erred in discussing Tentative Draft of Restatement (Third) of Restitution and Unjust Enrichment, as, inter alia, court did not rely on Draft, noted that Draft was tentative in nature, and acknowledged that analysis under Draft was "less clear" on question of imposing liability on defendant.
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