Delaware, July, 2007, State Case law

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State Courts - Delaware - July 2, 2007

AT&T Corp. v. Clarendon Am. Ins. Co., No. 567, 2006, SUPREME COURT OF DELAWARE, July 2, 2007, Decided
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Overview: Directors of insured corporation suffered covered "Loss," and shareholder was entitled to enforce directors' contract claims against Director and Officer insurance carriers, as shareholder had assistance in paying defense costs, settlements and judgments in underlying litigation. Further, shareholder was equitably subrogated to claims of directors.

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Andrews v. State, No. 408, 2006, SUPREME COURT OF DELAWARE, July 2, 2007, Decided
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Overview: Defendant was properly convicted of a delinquency count of making terroristic threats against his high school teacher under Del. Code Ann. tit. 11, ? 621(a)(1); the "true threat" exception to First Amendment speech protection applied because defendant intended to intimidate the teacher, regardless of whether he intended to carry out the threat.

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Jones v. State, No. 141, 2007, SUPREME COURT OF DELAWARE, July 2, 2007, Decided
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Overview: Despite discrepancies between an affidavit of probable cause and the underlying police reports, defendant failed to show that the affiant intentionally or recklessly gave false statements or that the statements were necessary to find probable cause; thus, his Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was properly denied.

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McKinney Family L.P. v. Stubbs, No. 510, 2006, SUPREME COURT OF DELAWARE, July 2, 2007, Decided
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Overview: There was no abuse of discretion by a court of chancery in ordering specific performance of a contract for the sale of land because the contract was definite and clear enough to be specifically enforced, there was no parol evidence violation, and the parties clearly intended for a map attached to the contract to set the property boundaries.

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Milton v. State, No. 46, 2007, SUPREME COURT OF DELAWARE, July 2, 2007, Decided
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Overview: Because defendant offered no evidence in support of his mental competency claim, and did not provide any evidence that a Del. Code Ann. tit. 11, ? 4333(f) claim was raised at the violation of probation hearing, the trial court was authorized to impose the suspended sentence or any lesser sentence authorized by ? 4333(f).

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Ortiz v. State, No. 645, 2006, SUPREME COURT OF DELAWARE, July 2, 2007, Decided
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Overview: Because defendant's Del. Super. Ct. R. Crim. P. 35 motion for modification of sentence sought to compel the DOC to apply good time credits to his violation of probation sentence instead of challenging the legality of his sentence, the trial court properly denied the motion.

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Sutherland v. Sutherland, C.A. No. 2399-VCL, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 2, 2007, Decided
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Overview: In derivative action, court permitted plaintiff shareholder following categories of discovery which directly related to diligence and independence of board member who was entire special litigation committee, including production of same documents board member and his counsel or advisors reviewed during his investigation.

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Wright v. Moore, No. 392, 2006, SUPREME COURT OF DELAWARE, July 2, 2007, Decided
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Overview: Where no confusion existed and defendant driver used information about plaintiff's settlement with another driver for an improper purpose, a new trial was required. The trial court also erred when it refused to give a negligence per se instruction about the driver's acceptance of a ticket for inattentive driving under Del. Code tit. 21, ? 4176(b).

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