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   State Courts - Delaware - July 18, 2007

  
Brown v. State, No. 137, 2007, SUPREME COURT OF DELAWARE, July 18, 2007, Decided
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Overview: Defendant's motion pursuant to Del. Super. Ct. R. Crim. P. 61 was properly denied because search warrant that led to evidence against defendant was supported by probable cause, and thus, there was no reasonable basis for moving to suppress the evidence, so the defendant failed to show that counsel's failure to move to suppress prejudiced him.

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Bryant v. State, No. 159, 2007, SUPREME COURT OF DELAWARE, July 18, 2007, Decided
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Overview: Because defendant failed to demonstrate that there was a miscarriage of justice when the trial court corrected the sentencing order to conform to the law, defendant's postconviction motion, filed approximately 24 years after his conviction and 14 years after the corrected sentencing order, was time-barred by Del. Super. Ct. R. Crim. P. 61(i)(1).

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DiMaio v. Rychalsky, Civil Action No.: 2007-01-185, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, July 18, 2007, Decided
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Goode v. Bayhealth Med. Ctr., No. 431, 2006, SUPREME COURT OF DELAWARE, July 18, 2007, Decided
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Overview: Trial court correctly concluded that there was insufficient evidence to support an outrageous conduct jury instruction, as the medical center's negligent behavior in allowing the patient to view the post-autopsy remains of her stillborn child's body did not support a claim of extreme and outrageous conduct causing severe emotional distress.

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Oldham v. State, No. 662, 2006, SUPREME COURT OF DELAWARE, July 18, 2007, Decided
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Overview: Defendant's third motion for postconviction relief pursuant to Del. Super. Ct. R. Crim. P. 61 was properly denied because claims were time-barred under R. 61(i)(1) and he failed to show that claims should be considered because of constitutional violation that undermined fundamental legality, reliability, integrity or fairness of proceedings.

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Simpson v. Simpson, No. 550, 2006, SUPREME COURT OF DELAWARE, July 18, 2007, Decided
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Overview: Family court correctly applied law. After considering evidence and analyzing Del. Code Ann. tit. 13, § 722(a), factors, court concluded that granting father sole custody was in children's best interests; court noted eldest children represented to court that mother was abusive to them and that their relationship with her was unstable and unhealthy.

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State v. Muzzi, 864 CR.A. 1968, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 18, 2007, Decided
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Overview: An inmate's motion for postconviction relief under Del. Super. Ct. R. Crim. P. 61 was procedurally barred where it was untimely filed, and alleged factual inconsistencies and ineffectiveness of trial counsel were not within the fundamental fairness exception under Rule 61(i)(5).

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Weaver v. State, No. 5, 2007, SUPREME COURT OF DELAWARE, July 18, 2007, Decided
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Overview: Lower court properly convicted and sentenced defendant for a violation of probation (VOP) because the VOP hearing transcript clearly reflected that defendant admitted to committing a VOP, and there was no evidence that defendant was subjected to any coercion, that his attorney was ineffective, or that his sentence was illegal.

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