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   State Courts - Delaware - July 8, 2002

  
Advanced Radio Telecom Corp. v. Cl Invs., L.P., No. 29, 2001, SUPREME COURT OF DELAWARE, July 8, 2002, Decided
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Overview: Where the issues in appeal of decision in contract case were moot due to appellants' voluntary bankruptcy, there was no reason to vacate the decision, as appellants' desire for appellate review was not thwarted by circumstances beyond their control.

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Berry v. State, No. 68, 2001, SUPREME COURT OF DELAWARE, July 8, 2002, Decided
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Overview: State was not required to prove particular act that caused a two-year-old child's death, so long as the State proved that defendant's voluntary actions caused the death. Defendant's manslaughter conviction and maximum statutory sentence were upheld.

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In re Ayres, No. 306, 2002, SUPREME COURT OF DELAWARE, July 8, 2002, Decided
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Overview: A long suspension was the sanction imposed on a Delaware attorney who had failed to file her taxes for years, had misrepresented her compliance with bar rules, and had been dishonest and negligent in representing clients.

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Kutney v. Saggese, CA No. 99C-11-205-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 8, 2002, Decided
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Overview: Despite having received certain benefits from the employers, the doctor was an independent contractor for purposes of the Wage Act from the time the employment relationship indisputably changed until he quit.

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Mitchell v. Mountaire Farms & Unemployment Ins. Appeal Bd., C.A. No. 01A-07-004, SUPERIOR COURT OF DELAWARE, July 8, 2002, Decided
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Overview: In the unemployment benefits claim, the employee failed to demonstrate good cause for his voluntary termination, where he left work and never returned. The employee was told that he was not fired, but that he was being sent home due to illness.

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State v. Rotundo, CM # 0108016419, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, July 8, 2002, Submitted , July 8, 2002, Decided
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Overview: Defendant was ordered to pay restitution to victim for defendant's conviction for offensive touching, as State had proven by preponderance of evidence standard that victim was entitled to receive restitution for out-of-pocket expenses.

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State v. Watson, Criminal I.D. No. 0103010698, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 8, 2002, Decided
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Overview: Confidential records contained in a police officer defendant's internal affairs file could be discovered for impeachment purposes where they were probative of credibility issues and not too prejudicial.

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True v. Diamond State Terminal, C.A. No. 01C-06-100 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 8, 2002, Decided
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Williams v. State, No. 12, 2002, SUPREME COURT OF DELAWARE, July 8, 2002, Decided
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Overview: The prosecutor's remarks, characterizing defendant as "lying," and proposing the jury had to find the State's witnesses to be lying to acquit, were improper. The trial judge should have intervened, and the failure to do so was plain error.

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