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   State Courts - Delaware - June 20 - June 26, 2003

  
Christian v. Del. Alcoholic, Beverage Control App. Comm'n, C.A. No. 02A-08-015 JRS (consolidated with C.A. No. 02A-08-019 FSS), SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 20, 2003, Decided
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Overview: Delaware Alcoholic Beverage Control Appeals Commission correctly concluded that substantial evidence did not support denial of the store's license application where there was no evidence that the store would adversely affect anyone in the community.

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MRPC Fin. Mgmt. LLC v. Carter, C.A. No. 02A-10-004, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 20, 2003, Decided
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Overview: An employee was entitled to unemployment compensation benefits, as a substantial reduction in his pay constituted good cause for the employee's voluntarily quitting, where the employer failed to meet its burden of showing just cause for the demotion.

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Thorpe v. Thorpe, No. 221, 2003, SUPREME COURT OF DELAWARE, June 20, 2003, Decided
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Christiana Town Ctr., LLC v. New Castle County, C.A. No. 20215, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 23, 2003, Decided
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Overview: Where a declaratory judgment did provide an adequate equitable remedy and a company's complaint against a county was dismissed because of the availability of an administrative appeal, the company's motion for reargument was denied.

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Harper v. Harper, No. 619, 2002, SUPREME COURT OF DELAWARE, June 23, 2003, Decided
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Overview: Delaware court abused its discretion when it transferred residential custody of two children, one of whom had serious health problems, to a mother with a history of debilitating mental illness, without making findings on children's best interests.

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Anderson v. State, No. 218, 2003, SUPREME COURT OF DELAWARE, June 24, 2003, Decided
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Overview: Trial court properly denied defendant's motion for correction of an allegedly illegal sentence; because defendant's claim would have required an examination of the proceedings leading up to the imposition of sentence, no relief was available.

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Brown v. State, Nos. 31 and 57, 2003, CONSOLIDATED, SUPREME COURT OF DELAWARE, June 24, 2003, Decided
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Overview: Where certain claims had been formerly adjudicated and others were not preserved, they were procedurally barred and reconsideration was not warranted; defendant did not show any error by counsel that resulted in prejudice.

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Cubbage v. State, No. 5, 2003, SUPREME COURT OF DELAWARE, June 25, 2003, Decided
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Overview: A trial court's denial of defendant's motion for a judgment of acquittal on various charges arising from his participation in a robbery of a fast-food restaurant was proper where the evidence was sufficient to support convictions as charged.

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Imran v. Harris, No. 184, 2002, SUPREME COURT OF DELAWARE, June 26, 2003, Decided
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State v. Benge, I.D. 0210012355, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 26, 2003, Decided
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Overview: Police significantly expanded cursory search of bag left when defendant was arrested in inn, and evidence discovered in bag was suppressed. Suppression motion was denied as to ex-wife's search of defendant's belongings in house owned by ex-wife.

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