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   State Courts - Delaware - July 3, 2002

  
Carello v. PricewaterhouseCoopers LLP, C.A. No. 01C-10-219 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 3, 2002, Decided
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Overview: Court denied CPAs' motion for summary judgment to dismiss negligence suit by business sellers, who alleged that they relied on buyers' financial statements prepared by CPAs when making their decision to sell; there remained genuine duty issues.

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Hirt v. United States Timberlands Serv. Co., LLC, C.A. No. 19575, C.A. No. 19577, C.A. No. 19578, C.A. No. 19584, C.A. No. 19592, C.A. No. 19608, C.A. No. 19613, C.A. No. 19632, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 3, 2002, Decided
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Overview: Vote on buy-out transaction of public interest in company was not influenced by owner's earlier actions, such actions were of limited relevance to pending motions as law firms involved in earlier litigation were not involved in pending cases.

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In re Barham, 0108011893 (R1), SUPERIOR COURT OF DELAWARE, July 3, 2002, Decided
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Overview: Postconviction motion was denied, where it was clear from record that error in arrest warrant regarding amount of cocaine that was seized from petitioner had no bearing on his decision to plead guilty to drug offense pursuant to plea bargain.

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Lane v. Cancer Treatment Ctrs. of Am., C.A. No. 12207-NC, COURT OF CHANCERY OF DELAWARE, KENT, July 3, 2002, Decided
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Overview: Collateral estoppel was approved for use in Delaware appraisal actions and was applied to permit admission of facts developed in out-of-state action, where court found that facts might assist in determining proper value of company in instant action.

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PNC Bank v. Jones, C.A. No. 00L-11-022, SUPERIOR COURT OF DELAWARE, July 3, 2002, Decided
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Overview: The court determined the attorney fees a bank could collect in an action to foreclose on a mortgage; while the case was almost routine, the animosity between the debtor and her ex-husband unduly prolonged efforts to resolve the situation.

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State v. Eaton, IK97-10-0513-R1, IK97-10-0514-R1, IK97-10-0515-R1, IK97-10-0516-R1, IK97-10-0517-R1, IK97-10-0518-R1, SUPERIOR COURT OF DELAWARE, KENT, July 3, 2002, Decided
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Overview: Motion for post-conviction relief based on ineffective assistance of counsel was dismissed where defendant attempted to show cause for procedural default by conclusory assertions but failed to make concrete allegations of actual prejudice.

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State v. Harris, IK98-02-0069-R1, IK98-02-0856-R1, IK98-02-0072-R1, IK98-02-0076-R1, Crim. ID No. 9801013999, SUPERIOR COURT OF DELAWARE, KENT, July 3, 2002, Decided
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State v. Ploof, ID No. 0111003002, SUPERIOR COURT OF DELAWARE, KENT, July 3, 2002, Decided
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Overview: Because defendant unequivocally and voluntarily waived his Miranda rights before providing a videotaped statement to police, the statement was admissible subject to redactions of defendant's invocation of a right to counsel.

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Word v. State, No. 195, 2001, SUPREME COURT OF DELAWARE, July 3, 2002, Decided
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Overview: The evidence was insufficient that defendant displayed what appeared to be a deadly weapon to convict him of first degree robbery, because defendant's note stating that he was armed was unaccompanied by a physical manifestation of a weapon.

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