Delaware, July, 2007, State Case law

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State Courts - Delaware - July 20, 2007

Phillips v. Delhaize Am., Inc., C.A. No. 06A-09-001, SUPERIOR COURT OF DELAWARE, SUSSEX, July 20, 2007, Decided
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Overview: As the Delaware Industrial Accident Board failed to notify parties about the issues it intended to address at a legal hearing regarding the termination of an employee's total disability benefits, the notice requirements under Del. Code Ann. tit. 19, ??2301A(d) and Del. Code Ann. tit. 29, ??10161 and due process requirements were not satisfied.

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Ponder v. State, C.A. No. 06M-12-019, SUPERIOR COURT OF DELAWARE, SUSSEX, July 20, 2007, Decided
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Overview: Defendant's petition under Del. Code Ann. tit. 16, ? 4784(j) and Del. Super. Ct. R. Civ. P. 71.3 for the return of a vehicle seized after he was arrested was dismissed where notice of forfeiture was properly provided by the State to defendant, defendant failed to file the petition in a timely manner, and the petition was not verified.

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Weatherspoon v. State, No. 94, 2007, SUPREME COURT OF DELAWARE, July 20, 2007, Decided
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Overview: Because defendant's prior postconviction motion had been considered and denied on the merits, the trial court did not err in determining that defendant's second motion for postconviction relief was procedurally barred as untimely, repetitive, and defaulted under Del. Super. Ct. Crim. R. 61(i)(1), (2), (3).

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Wiseman v. State, No. 15, 2007, SUPREME COURT OF DELAWARE, July 20, 2007, Decided
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Overview: Because nothing in the record suggested that the trial court credited defendant for time served in a manner other than what was prescribed by Del. Code Ann. tit. 11, ? 3901, and because defendant did not demonstrate prejudice as a result thereof, the trial court properly denied his motion for modification of sentence.

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