Delaware, July, 2007, State Case law

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State Courts - Delaware - July 3 - July 6, 2007

Chapman v. State, No. 544, 2006, SUPREME COURT OF DELAWARE, July 3, 2007, Decided
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Overview: Because Del. Super. Ct. R. Crim. P. 45(b)(2) expressly provided that the trial court could not extend the time for taking an action under Del. Super. Ct. R. Crim. P. 61(i)(1), the doctrine of equitable tolling did not apply; consequently, defendant's postconviction motion was properly denied as untimely.

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Hardy v. Harvell, No. 595, 2006, SUPREME COURT OF DELAWARE, July 3, 2007, Decided
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Overview: Dismissal of plaintiffs' complaint for not filing a response to defendants' motion to dismiss on the date set by a superior court, and denial of relief under Del. Super. Ct. R. Civ. P. 60(b), were affirmed. Failure to note and comply with the judge's deadline, despite its departure from the county's case management plan, was not excusable neglect.

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Reid v. State, No. 116, 2007, SUPREME COURT OF DELAWARE, July 3, 2007, Decided
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Overview: Because defendant did not raise any issues for consideration, because defendant's counsel made a conscientious effort to examine the record and the law and properly determined that defendant could not raise a meritorious claim on appeal, pursuant to Del. Sup. Ct. R. 26(c), defendant's conviction was upheld and counsel's motion to withdraw was moot.

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Robotti & Co., LLC v. Gulfport Energy Corp., C.A. No. 1811-VCN, COURT OF CHANCERY OF DELAWARE, KENT, July 3, 2007, Decided
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Overview: Stockholder cobbled together sufficient evidence as to mismanagement or wrongdoing, taken as whole, for inspection under Del. Code Ann. tit. 8, ? 220. Each decision at issue individually might have been valid, but collectively, they demonstrated possibility of violation of fiduciary duty owed to minority shareholders because of rights offering.

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State v. Jones, Superior Court I.D. No. 9911016309, Supreme Court No. 482, 2005, SUPERIOR COURT OF DELAWARE, July 3, 2007, Decided
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Overview: Under the Batson analysis, not only had the defense failed to meet its burden of proving racial discrimination, but the evidence proved that no racial discrimination took place. The prosecutor allowed four African-Americans to be seated on the jury and had four peremptory strikes left when it announced it was content.

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Travelers Life & Annuity Co. v. Desderio, C.A. No. 20284-VCN, COURT OF CHANCERY OF DELAWARE, KENT, July 3, 2007, Decided
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Overview: Day before he died, Sunday, father called life insurance agent, directing that necessary steps be taken to change beneficiary designation; father substantially complied with beneficiary change procedures, as he was unable to comply strictly with specified procedures because agent's office was closed and he did all he could do on that Sunday.

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Harris v. State, No. 451, 2006, SUPREME COURT OF DELAWARE, July 5, 2007, Decided
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Overview: Although Del. Sup. Ct. R. 26 did not explicitly impose a continuing obligation on court-appointed counsel in violation of probation proceedings to represent defendant on appeal, counsel had an ethical duty to inform him of the right to appeal; therefore, counsel's failure to so inform him was grounds for granting defendant's motion for reargument.

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Walt v. Del. Home & Hosp. for the Chronically Ill, No. 52, 2007, SUPREME COURT OF DELAWARE, July 5, 2007, Decided
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Overview: Contrary to a claimant's argument, she waived the displaced worker theory by failing to produce relevant evidence on the issue; however, even if the issue were not waived, her own treating physician testified that she was capable of light work as of her return date and there was no evidence that she tried but could not find suitable work.

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Centreville Veterinary Hosp., Inc. v. Butler-Baird, Civil Action No. 1552-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 6, 2007, Decided
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Overview: Where tenants rejected a renewal offer of a commercial real estate lease due to disagreement over the terms and a second offer for renewal was not made, there was no lease between the parties even though the tenants remained on the premises and paid the increased monthly rental that had been disputed.

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