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   State Courts - Delaware - June 3 - June 5, 2002

  
Bey v. Murphy Marine Servs., C.A. No. 01A-12-004 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 3, 2002, Decided
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Overview: An unemployment insurance claimant's attempt to secure benefits was properly denied because he was a "casual" employee and where he failed to proffer evidence to the contrary at the hearing level, such evidence could not be considered on appeal.

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In re Autman, Nos. 434, 2001 and 152, 2002, SUPREME COURT OF DELAWARE, June 3, 2002, Decided
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Overview: Board of professional responsibility panel report and recommendations were accepted where lawyer failed to respond to report and failed to respond to court's directives. Lawyer was suspended from practice for three years.

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State v. Eaton, IK96-05-0278-R1, SUPERIOR COURT OF DELAWARE, KENT, June 3, 2002, Decided
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Overview: Postconviction relief was denied, as motion was filed more than three years after dismissal of defendant's appeal and was procedurally barred; defendant did not assert a retroactively applicable right that was newly recognized after conviction.

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State v. Heath, IK99-08-0237-R1, SUPERIOR COURT OF DELAWARE, KENT, June 3, 2002, Decided
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Overview: Where postconviction relief claims were not raised at the plea, sentencing, or on direct appeal, they were barred absent a showing of cause for default and prejudice. Relief was denied as defendant failed to show ineffective assistance of counsel.

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Morris v. State, No. 315, 2001, SUPREME COURT OF DELAWARE, June 4, 2002, Decided
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Overview: Although defendant's indictment for driving under the influence was amended to include possibility of different impairing substance, amendment did not change elements of crime, as identity of impairing substance was immaterial.

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State v. Powell, I.D. No. 0110010945, SUPERIOR COURT OF DELAWARE, KENT, June 4, 2002, Decided
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Overview: Motion to suppress was denied where defendant had no reasonable expectation of privacy in a breath sample, and, even if he did, search was proper because of implied consent statute and as a search for evanescent evidence under exigent circumstances.

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State v. Ruiz, I.D. # 0102021276, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 4, 2002, Decided
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Overview: Defendant failed to preserve claim of error regarding alleged prejudicial layout of courtroom, where closeness of jurors to prosecution table was raised for first time in post-trial motion, and there was no evidence any juror saw anything improper.

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Hovde Acquisition, LLC v. Thomas., C.A. No. 19032, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 5, 2002, Decided
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Overview: Corporation contractually consented to Delaware jurisdiction and venue, but could not be served under long-arm statute; court used power under chancery rules to order service on registered agent, which was well suited to provide actual notice.

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