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   State Courts - Delaware - July 8 - July 9, 2004

  
Gibbs v. State, No. 612, 2003, SUPREME COURT OF DELAWARE, July 8, 2004, Decided
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Overview: Because defendant had no constitutional right to counsel who would not disagree with him about how to handle his case, a court denied his motion for the appointment of substitute counsel where there was no proof that his counsel was incompetent.

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State v. Wells, I.D. Nos. 0307019531 and 0308002490, SUPERIOR COURT OF DELAWARE, KENT, July 8, 2004, Decided
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Overview: Defendant's motion to compel the production of additional medical records for the alleged victim was denied because the medical records sought were not material to defendant's guilt or punishment or favorable to defendant's case.

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Wilson v. Active Crane Rentals, Inc., C.A. No. 01C-02-027 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 8, 2004, Decided
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Overview: The corporation's motion for summary judgment was denied because there was a genuine issue of material fact regarding whether the contractor had actual or apparent authority to enter into a contract on behalf of the corporation.

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AFSCME Locals 1102, Local 320 v. City of Wilmington, Civil Action No. 026-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 9, 2004, Decided
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Overview: There was no statutory subject matter jurisdiction in the Delaware Chancery Court over an appeal from a declaratory statement issued by the Public Employment Relations Board, as the statement was a nonbinding advisory opinion.

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Desmond v. State, No. 177, 2004, SUPREME COURT OF DELAWARE, July 9, 2004, Decided
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Klint v. Brennan, C.A. No.: 99C-09-22 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 9, 2004, Decided
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Overview: The injured party's motion for reargument was denied because there was nothing in an economic expert's affidavit indicating that extraneous prejudicial information or outside influence prejudiced the jury's verdict.

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O'Malley v. Boris, Civil Action No. 15735, COURT OF CHANCERY OF DELAWARE, SUSSEX, July 9, 2004, Decided
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Overview: A motion to enforce the settlement agreement reached in class action derivative lawsuit was denied. Terms of agreement were clear and unambiguous; coupons issued to class members could not be used to reduce already discounted stock sale commissions.

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