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   State Courts - Delaware - May 24, 2002

  
Demarie v. Del. DOT, C.A. No. 00A-11-001 HDR, SUPERIOR COURT OF DELAWARE, KENT, May 24, 2002, Decided
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Overview: Where a merit employee relations board considered the evidence and ruled that an employee's discrimination claim was unfounded, the board applied the correct legal criteria; it's findings were supported by substantial evidence.

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In re Johnson, No. 234, 2002, SUPREME COURT OF DELAWARE, May 24, 2002, Decided
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In re McKinley, C.A. No. 18139-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, May 24, 2002, Date Decided
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Overview: As the legal fees incurred by a corporate trustee to remove an individual trustee, a convicted felon, were incurred to benefit both the trust and the corporate trustee, those fees were an expense properly payable from the trust assets.

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Mangrum v. Warren, Nos. 242, 2002 and 243, 2002, SUPREME COURT OF DELAWARE, May 24, 2002, Decided
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Overview: State supreme court lacked jurisdiction to review court employee's letter and interlocutory appeal was untimely. Since case was closed, individual did not show that his motion could be heard or that trial court refused to act.

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St. Louis v. State, No. 323, 2001, SUPREME COURT OF DELAWARE, May 24, 2002, Decided , May 24, 2002, Filed
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Overview: The jury instructions were clear, correct instructions on the elements of each offense and the overlap in the evidence used to establish both crimes neither offended defendant's constitutional rights nor confused the jury.

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State v. Cobb, ID # 0105021510, 0103002014, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 24, 2002, Decided
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Overview: Defendant's motion to withdraw a guilty plea to charges of shoplifting and escape after conviction was denied; defendant clearly understood his rights at the time of the entry of the plea, so there was no basis for a withdrawal of the plea.

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State v. Hammond, I.D. No. 90004877DI, Cr. A. No. IN90-05-1162R1, IN90-05-1163R1, IN90-05-1164R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 24, 2002, Decided
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Overview: Defendant's motion for postconviction relief was summarily dismissed because motion was not timely filed, he had not shown that the procedural time bar was inapplicable, and claim that the delay was due to ineffective assistance of counsel failed.

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State v. James, ID: 0110010171, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 24, 2002, Decided
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State v. Trala, I.D. No. 92007513DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, May 24, 2002, Decided
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Overview: A motion for postconviction relief that was filed more than three years after burglary conviction became final was procedurally barred, and defendant failed to show exception to bar where he failed to substantiate his claim of ineffective assistance.

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Wood v. State, C.A. No. 01A-07-011 JTV, SUPERIOR COURT OF DELAWARE, KENT, May 24, 2002, Decided
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Overview: A board properly dismissed a petition for death benefits by a wife for the death of her husband; a stipulation that commuted benefits including death benefits for a cash settlement acted as a waiver of the wife's claim for death benefits.

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