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   State Courts - Delaware - August 1, 2008

  
Drummond v. State, No. 297, 2008, SUPREME COURT OF DELAWARE, August 1, 2008, Decided
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Overview: In the absence of any evidence that defendant's counsel committed any professional error that resulted in prejudice to defendant or resulted in a miscarriage of justice, defendant's Del. Super. Ct. R. Crim. P. 61 claims were without merit; therefore, the State's Del. Sup. Ct. R. 25(a) motion to affirm was granted.

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Encite LLC v. Soni, C.A. No. 2476-CC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 1, 2008, Decided
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Overview: Third party plaintiff sufficiently alleged that, in providing draft solicitation to shareholder and purportedly enlisting him to file suit to prevent shareholder approval of bid for company's assets, third party defendant founder (who was director owing fiduciary duty to shareholders) was motivated by improper desire to acquire assets for himself.

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In re Hawkins, No. 193, 2008, SUPREME COURT OF DELAWARE, August 1, 2008, Decided
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McDowell v. Greenfield, C.A. No. 1420-MA, COURT OF CHANCERY OF DELAWARE, August 1, 2008, Decided
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Overview: Findings of master in chancery were affirmed because provision as to non-refundable initial deposit was ambiguous and seller's interpretation, although maybe reasonable, did not make agreement unambiguous; that provision and buyer's assistance provision were unrelated. Extrinsic evidence supported finding that specific performance was warranted.

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Rossi v. Ricks, Civil Action No. 1747-CC, COURT OF CHANCERY OF DELAWARE, SUSSEX, August 1, 2008, Decided
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Overview: Co-trustees' summary judgment motion was granted as co-trustees were not parties in their individual capacities or in their capacities as co-trustees to purchase agreement and addendum for sale of land as they were signed only by deceased parent, and did not mention either trust. Contract could not be specifically enforced against co-trustees.

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Wallace v. State, No. 229, 2007, SUPREME COURT OF DELAWARE, August 1, 2008, Decided
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Overview: Sentence of life without parole for a juvenile offender who was found guilty of violating Del. Code Ann. tit. 11, § 636 was upheld because it did not violate U.S. Const. amend. VIII. Such a sentence was an acceptable alternative to death as a punishment for a juvenile offender who had committed intentional murder.

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iPCS, Inc. v. Sprint Nextel Corp., No. 361, 2008, SUPREME COURT OF DELAWARE, August 1, 2008, Decided
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