Delaware, July, 2002, State Case law

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State Courts - Delaware - July 1 - July 2, 2002

Bacon v. State, No. 369, 2001, SUPREME COURT OF DELAWARE, July 1, 2002, Decided
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Overview: The trial court's decision granting the State's motion to amend the indictment against defendant was properly granted, because the amendment was permissible as being one of form only, and defendant made no claim of prejudice.

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Bartley v. Soll, No. 47, 2002, SUPREME COURT OF DELAWARE, July 1, 2002, Decided
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Overview: The trial court properly dismissed a prisoner's legal malpractice action against an attorney as frivolous; the claim failed to state what damage to the underlying medical malpractice claim was suffered as a result of the attorney's actions.

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In the Interest of Phillips, File No. CS01-04269, FAMILY COURT OF DELAWARE, SUSSEX, July 1, 2002, Date Decided
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Overview: It did not violate separation of powers principles for Delaware's child welfare agency to decide whether to offer reunification services to a mother whose rights were being terminated because she had killed another child.

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Nationwide Mut. Ins. Co. v. York Int'l Corp., C.A. No. 1999-12-259, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, July 1, 2002, Decided
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Overview: A corporation's summary judgment motion on an insurance company's action seeking to recover damages caused by a furnace was denied; there were genuine issues of material fact regarding the alleged malfunctioning of the furnace.

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State v. Hunter, Cr. I.D. No. 9711008238, Cr. A. No. IN97-12-0413R1, Cr. A. No. IN97-12-0414R1, Cr. A. No. IN97-12-0415R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 1, 2002, Decided
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Overview: Defendant's postconviction claims of an illegal arrest and search and seizure were procedurally barred, because defendant failed to raise the issues on direct appeal. Furthermore, the officer had probable cause to arrest defendant.

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Drummond v. State, No. 204, 2002, SUPREME COURT OF DELAWARE, July 2, 2002, Decided
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Overview: Counsel's failure to thoroughly cross-examine police officer on his observations that defendant threw a pill bottle containing cocaine from his vehicle did not constitute ineffectiveness in light of defendant's confession and flight from scene.

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Kostyshyn v. State, No. 345, 2002, SUPREME COURT OF DELAWARE, July 2, 2002, Decided
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Middlebrook v. Ayres, No. 48, 2002, SUPREME COURT OF DELAWARE, July 2, 2002, Decided
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Plant v. State ex rel. Sims, No. 297, 2002, SUPREME COURT OF DELAWARE, July 2, 2002, Decided
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Whitaker v. Goodwin, C.A. No. 01C-10-006 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 2, 2002, Decided
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Overview: Plaintiffs failed to show excusable neglect to warrant allowing them to file late demand for trial de novo after an arbitration ruling, as they failed to show reasonable efforts to comply with filing deadline or reasonable conduct by their attorney.

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