Delaware, August, 2008, State Case law

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State Courts - Delaware - August 4, 2008

Cooper v. State, No. 661, 2007, SUPREME COURT OF DELAWARE, August 4, 2008, Decided
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Overview: Because defendant did not, and could not, argue that his sentence exceeded the legal limits or violated double jeopardy principles, and because his Del. Super. Ct. R. Crim. P. 35(a) motion for correction of an illegal sentence was filed several years after the sentence was imposed, the trial court did not err in denying the motion.

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Johnson v. State, No. 8, 2008, SUPREME COURT OF DELAWARE, August 4, 2008, Decided
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Overview: Because defendant's appeal of various drug-related convictions was wholly without merit and devoid of any arguably appealable issue, counsel's Del. Sup. Ct. R. 26(c) motion to withdraw was moot, and the trial court's judgment was affirmed.

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Lopez v. Mountaire Farms, C.A. No. 07A-02-004 WLW, SUPERIOR COURT OF DELAWARE, KENT, August 4, 2008, Decided
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Overview: Industrial Accident Board forfeited claimant's total disability benefits. Issue was whether a failure to appear at a single medical appointment rose to level of a "refusal" to submit to Del. Code Ann. tit. 19, ? 2343(a) requirement. It was unclear whether Board found a failure to demonstrate good cause. Substantial evidence standard was not met.

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Nyala v. State, No. 579, 2007, SUPREME COURT OF DELAWARE, August 4, 2008, Decided
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Overview: Because defendant's 12-year probationary term did not exceed the maximum term of commitment, and was legal under Del. Code Ann. tit. 11, ? 4333 (2001) at the time of sentencing, the trial court properly denied his motion for correction of sentence.

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Smith v. State, No. 655, 2007, SUPREME COURT OF DELAWARE, August 4, 2008, Decided
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Overview: Because defendant did not filed his petition for postconviction relief for over a year after the mandate in his direct appeal issued, and because defendant failed to raise any issues for consideration on direct appeal and asserted no cause for his procedural default, his motion was barred by Del. Super. Ct. R. Crim. P. 61(i)(1), (3).

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Stanley v. Stanley, No. 260, 2007, SUPREME COURT OF DELAWARE, August 4, 2008, Decided
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Overview: Trial court properly considered a former husband's receipt of SSDI benefits when it decided to modify parties' marital property division order, but it erred by ordering the husband to pay former wife a portion of his SSDI lump sum benefit, as 42 U.S.C.S. ? 407 precluded transfer of such benefits as part of a property division in a divorce action.

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Wilmer v. State, No. 166, 2008, SUPREME COURT OF DELAWARE, August 4, 2008, Decided
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Wright v. Claymont Steel & Unemployment Ins. Appeal Bd., C.A. No. 07A-12-005, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2008, Decided
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Overview: Decision was affirmed as unemployment benefits claimant was dismissed for just cause under Del. Code Ann. tit. 19, ? 3314 since he agreed that continued employment was contingent on his successful completion of drug rehabilitation program, which he did not do. Neutral discharge was not successful completion of program.

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