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| Brown v. LiveOps, Inc., C.A. No. 1991-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 12, 2006, Decided
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Overview: Former officer and director had a right to advancement of attorneys' fees under Del. Code Ann. tit. 8, § 145(k), and corporate indemnification agreement. Corporation's complaint claimed that he misappropriated trade secrets while acting in his official capacity, acts thus arose by reason of his position, and claims directly related to his position.
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| Bryant v. State, No. 561, 2005,
SUPREME COURT OF DELAWARE, June 12, 2006, Decided
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Overview: Trial court's sentencing of defendant to 50 years in prison, the statutory maximum term, following his convictions pursuant to a guilty plea on charges of first-degree robbery and possession of a firearm during the commission of a felony was proper, as the evidence did not show the trial court sentenced defendant with a closed mind.
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| Davis v. State, No. 597, 2005,
SUPREME COURT OF DELAWARE, June 12, 2006, Decided
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Overview: Defendant's motion for postconviction relief under Del. Super. Ct. R. Crim. P. 61 was properly denied as defendant was bound by representations that it was his decision to "wrap it all up today" by pleading guilty and that he was satisfied with defense counsel's performance. Guilty plea gave defendant clear benefit as he received lighter sentence.
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| Graham v. State Farm Mut. Ins. Co., C.A. No. 05C-11-014 SCD,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 12, 2006, Decided
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Overview: When the car in which a passenger was riding hit a second vehicle, whose driver was claimed to have been at fault, the second driver was an indispensable party under Del. Super. Ct. R. Civ. P. 19. As he was not subject to the jurisdiction of Delaware courts and could not be joined, the case was dismissed under Del. Super. Ct. R. Civ. P. 12(b)(7)
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| Hackett v. State, No. 583, 2005,
SUPREME COURT OF DELAWARE, June 12, 2006, Decided
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Overview: Because defendant's motion to withdraw his guilty plea under Del. Super. Ct. R. Crim. P. 32 was not equivalent to the waiver of a fundamental constitutional right, defendant failed to show that his counsel were ineffective in making the motion on his behalf; consequently, the trial court did not err by failing to obtain defendant's personal waiver.
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| Letsos v. Warren, No. 461, 2005,
SUPREME COURT OF DELAWARE, June 12, 2006, Decided
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Overview: Family court did not err in ordering registration in Delaware of the French appellate court's judgment reversing the French trial court's judgment and directing that the child would live with the mother, although the mother and the father would maintain joint legal custody, as no showing was made of any irregularity in French court proceedings.
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| Martinez v. State, No. 383, 2005,
SUPREME COURT OF DELAWARE, June 12, 2006, Decided
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Overview: Denial of defendant's untimely motion for postconviction relief under Del. Super. Ct. R. Crim. P. 61(i)(5) was not an abuse of discretion as defendant failed to show the existence of ethnic bias or any constitutional deprivation and failed to show that any alleged error on the part of his counsel caused him to plead guilty.
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| Norwood v. State, No. 42, 2006,
SUPREME COURT OF DELAWARE, June 12, 2006, Decided
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Overview: Plain error in the return of a postconviction motion under Del. Super. Ct. R. Crim. P. 61 was not shown; a judge had discretion to order a motion returned by a prothonotary for defects in form. Inmate did not show ineffective assistance of counsel; he showed no prejudice at trial level and did not show unreasonableness of representation on appeal.
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| State v. Davis, Def. ID#: 0307017279A,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 12, 2006, Decided
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Overview: When defendant was accused of first-degree rape under Del. Code Ann. tit. 11, § 773, his counsel was not ineffective for not objecting when the State requested an instruction on second-degree rape under Del. Code Ann. tit. 11, § 772. As the jury could have found that a stick was not a deadly weapon, the charge was proper and an objection pointless.
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