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| Adams-Baez v. General Accident Co., C.A. No. 04C-02-219 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 30, 2005, Decided
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Overview: Insurer was entitled to summary judgment in a wrongful death action by a decedent's child, seeking uninsured coverage under his mother's policy with the insurer, as the decedent was not a member of the mother's household and the child did not suffer a bodily injury as specifically defined under said policy.
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| Buckingham/ Galman Assocs. L.P. v. Midsouth Bldg. Supply of Md., Inc., C.A. No. 04A-07-001-FSS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 30, 2005, Decided
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Overview: In a contract dispute, it was reasonable for the trial court to infer from the evidence presented on a property owner's counterclaim for set-off that said counterclaim was a pretext and to find that the owner failed in its burden of proof; the owner never complained about being dissatisfied with the work performed until asked to pay.
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| GMC v. Kane, C.A. No. 04A-08-003 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 30, 2005, Decided
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Overview: Despite fact claimant was no longer totally incapacitated, he was entitled to ongoing total disability benefits as employer failed to definitively inform him no suitable work would be available and it intended to discharge him; employer's letter did not state claimant would be discharged, but only employer could not place him in foreseeable future.
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| Harris v. State, No. 84, 2005,
SUPREME COURT OF DELAWARE, September 30, 2005, Decided
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Overview: Superior Court erred in denying defendant's motion to correct an illegal sentence, pursuant to Del. Super. Ct. R. Crim. P. 35(a), as his sentence for possession of marijuana with intent to deliver to 10 years incarceration at Level V, which was suspended after 8 years for decreasing levels of probation, improperly exceeded the statutory maximum.
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| State v. Broughton, Def. ID # 9810001541,
SUPERIOR COURT OF DELAWARE, SUSSEX, September 30, 2005, Decided
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Overview: Only claims by defendant for postconviction relief under Del. Super. Ct. R. Crim. P. 61 that were not procedurally barred were of counsel's ineffectiveness, but counsel could not be found ineffective for failing to pursue witnesses he had not been told about or those who would have provided potentially damaging testimony.
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| State v. Guy, ID No. 0107017041,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 30, 2005, Decided
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Overview: Death penalty was not imposed for murder convictions despite fact that defendant's actions had substantial, emotional, psychological, and financial impact on victim's family as court found numerous mitigating factors and held that history and background of young defendant did not reflect a situation where death was the only appropriate consequence.
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| State v. Hackett, I.D. # 0110001861,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 30, 2005, Decided
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Overview: Defendant's pro se motion for post conviction relief, alleging several claims of ineffective assistance of counsel, was properly denied, as he failed to show actual prejudice from his counsel's actions and any irregularity regarding his plea agreement, but, the record showed that he knowingly, intelligently, and voluntarily entered his guilty plea.
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| State v. Hassan-El, ID No. 0107017049,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 30, 2005, Decided
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Overview: Court found, in holding that life sentence was proper for murder during robbery attempt, that defendant's potential for a positive influence and continued interaction with his family and his positive community support outweighed the aggravating factors. Co-defendant had received a life sentence, and neither offender was mastermind of event.
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| Am. Legacy Found. v. Lorillard Tobacco Co., C.A. No. 19406,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, October 3, 2005, Decided
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Overview: A tobacco company did not show that it was entitled to reargument, under Del. Ch. Ct. R. 59, of an opinion granting summary judgment against its claim that certain of a foundation's anti-tobacco advertisements violated a settlement agreement between the company and the foundation, nor did other advertisements or their funding violate the agreement.
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