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| Citizens Bank v. Design-A-Drape, Inc., C.A. No. 07C-03-385 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2008, Decided
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Overview: A wife was entitled to recover counsel fees under the bad faith exception to the American Rule because a bank's attorney could not have reasonably thought that the wife would have been responsible for the payment of a loan her husband obtained for his business if it were in default. The wife's name did not appear on the loan documents in any form.
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| Johnson v. TMSI, C.A. No. 07A-09-002 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2008, Decided
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Overview: Finding that former employee was ineligible for unemployment benefits based on fraud under Del. Code Ann. tit. 19, ¿ 3314(6) was proper because former employee failed to report income from new employment, and, because he received handbook and was not a novice to the system, there was substantial evidence that his failure to report was knowing.
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| State v. Mathis, ID No. 0406015383,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2008, Decided
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Overview: Postconviction motion was denied as counsel's failure to raise imperfect self defense claim and to request Del. Code Ann. tit. 11, ¿ 470 instruction was not deficient conduct since counsel made strategic decision not to focus on lesser included offenses that would have eroded counsel's credibility in arguing that defendant was innocent.
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| State v. Pierce, ID. No. 0407019516,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2008, Decided
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Overview: Motion for post conviction relief was denied because, inter alia, State's use of phrases "crime scene," "sexual assault" and "victim" during trial did not call for objection from counsel, and defendant's claim of ineffective assistance based on this was without merit. Further, defendant was not denied his right to a speedy trial.
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| State v. Wright, I.D. No. 0607010551,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2008, Decided
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Overview: Movant's petition for postconviction relief under Del. Super. Ct. R. Crim. P. 61 was dismissed because a reasonable jury could infer from the evidence that movant took possession of cocaine, and a drug dealer's confession was not coerced. Pursuant to Del. Code Ann. tit. 11, ¿ 3507, the dealer gave his testimony voluntarily but reluctantly.
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| Sun-Times Media Group, Inc. v. Black, C.A. No. 3518-VCS,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 30, 2008, Decided
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Overview: Chancery court, in an action by a corporation to foreclose its obligation to provide advancement to former corporate officers, ruled that, pursuant to the corporation's bylaws and Del. Code Ann. tit. 8, ¿ 145, the final disposition of a criminal proceeding against the officers was the final, nonappealable conclusion to that proceeding.
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