Delaware, June, 2004, State Case law

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State Courts - Delaware - June 28, 2004

Cave v. New Castle County Council, No. 436, 2003, SUPREME COURT OF DELAWARE, June 28, 2004, Decided
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Coles v. State, No. 574, 2003, SUPREME COURT OF DELAWARE, June 28, 2004, Decided
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Overview: Defendant was properly convicted of armed robbery; salon owner's trial testimony revealed credible belief that defendant, who held something under his sweatshirt, was armed and defendant manifested possession of weapon by saying, "I'll shoot you."

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Duonnolo v. State, No. 579, 2003, SUPREME COURT OF DELAWARE, June 28, 2004, Decided
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Overview: A court properly denied prisoner's petition for writ of habeas corpus. There was no evidence that murder charges to which he pleaded guilty were not valid or that there was any jurisdictional defect. As such, habeas corpus relief was not available.

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In re Epperson, No. 226, 2004, SUPREME COURT OF DELAWARE, June 28, 2004, Decided
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Overview: A petitioner's petition for a writ of mandamus directing a superior court prothonotary to properly docket his motion for correction of sentence was dismissed as moot because the prothonotary had corrected the docket and the motion was under review.

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In re New Valley Corp. Derivative Litig., CONSOLIDATED C.A. No. 17649-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 28, 2004, Decided
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Overview: A stockholder was removed as co-lead plaintiff in a derivative action, as a lapse had occurred in the stockholder's ownership of an interest in the corporation at issue and warrants were insufficient to satisfy the continuous ownership requirement.

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Malloy v. State, No. 605, 2003, SUPREME COURT OF DELAWARE, June 28, 2004, Decided
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Overview: Inmate was not entitled to habeas corpus relief, as his prison term had not expired. His effective date on 2002 convictions was wrong and did not control, as it did not take into consideration time he had to serve for violation of probation.

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Rogal-DeOliveira v. Bayada Nurses, Inc., No. 210, 2004, SUPREME COURT OF DELAWARE, June 28, 2004, Decided
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Ruggiero v. Montgomery Mut. Ins. Co., C.A. No. 03C-04-022 ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, June 28, 2004, Decided
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Overview: Driver who was driving her own car on personal business when she was hit by underinsured motorist was not eligible to recover under the terms of her employer's motor vehicle insurance policy.

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State v. Smith, I.D. No. 9712014022, Cr. A. No. IN98-01-1102-R2, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 28, 2004, Decided
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Overview: Motion for postconviction relief was denied where defendant was properly convicted under then-extant version of robbery statute which merely required that victim perceive the existence of a deadly weapon; objective manifestation was not necessary.

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TIFD III-X, LLC v. Fruehauf Prod. Co., L.L.C., C.A. No. 20488-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 28, 2004, Decided
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Overview: A general partner's recoupment claim was dismissed where it asserted breaches of contract many years prior to a limited partner's dissolution demand, did not arise out of the same transaction, and was time barred as a breach of contract claim.

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