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   State Courts - Delaware - June 5 - June 7, 2001

  
In re Staples S'Holders Litig., Consolidated Civil Action No. 18784, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 5, 2001, Date Decided
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Overview: Trial court refused to permanently enjoin vote by shareholders on proposal to reclassify tracking stock, but did grant preliminary injunction delaying vote until corporation corrected deficiencies in proxy describing proposal.

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Moss v. Davis, File No. CN00-11342, FAMILY COURT OF DELAWARE, NEW CASTLE, June 5, 2001, Decided
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Overview: There was no evidence of coercion. Husband's presence during attorney-client meetings did not waive privilege. Ward lacked capacity to consent to marriage due to her mental incapacity caused by Alzheimer's disease.

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State v. Foster, I. D Nos. 9907011615, 0001004515, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 5, 2001, Decided
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Overview: Court dismissed defendant's petition for post-conviction relief. Defendant entered a guilty plea knowingly and voluntarily, and therefore gave up right to challenge non-suppression of evidence and speedy trial. Counsel was not ineffective.

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State v. Wright, Criminal I.D. 9901012257, Criminal Action No. IN 99-02-0351 R1 and 99-02-0352 R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 5, 2001, Decided
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Overview: Where defendant's second postconviction relief motion made claims similar to those made in his first postconviction relief motion, and defendant did not try to show that reconsideration was warranted in "interest of justice," motion was denied.

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Bialach v. State, No. 418, 2000, SUPREME COURT OF DELAWARE, June 7, 2001, Decided
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Overview: Because there was no evidence supporting defendant's assertion that a juror was asleep, there could not have been any trial errors surrounding the non event.

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Farm Family Cas. Ins. Co., Civil Action No. 1471-K, COURT OF CHANCERY OF DELAWARE, KENT, June 7, 2001, Final Report
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Overview: Delaware wrongful death statute directed apportionment of damages based on following factors: loss of expected pecuniary benefits; loss of support; loss of services including cost of care for minor children; funeral expenses; and mental anguish.

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State ex rel. Brady v. Preferred Florist Network, Inc., C.A. No. 18250, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 7, 2001, Decided
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Overview: State's complaint against defendants for fraud was dismissed where means it adopted to protect consumers, i.e., treating businesses outside local calling area differently from businesses inside local calling area, were unconstitutional.

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Swift v. Shahan, Civil Action No. 2000-11-225, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, June 7, 2001, Decided
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Overview: Where the driver's blood alcohol level was above the legal limit, and the driver was driving his vehicle, the driver satisfied the elements of driving under the influence, and his license was revoked.

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