Delaware, July, 2007, State Case law

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State Courts - Delaware - July 24 - July 25, 2007

Cuff v. State, No. 658, 2006, SUPREME COURT OF DELAWARE, July 24, 2007, Decided
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Overview: Defendant's criminal appeal was wholly without merit and devoid of any arguably appealable issues. Pursuant to a Del. Sup. Ct. R. 26(c) motion, defendant's counsel had made a conscientious effort to examine the record and the law and had properly determined that defendant could not raise a meritorious claim in the appeal.

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In re Evans, No. 246, 2007, SUPREME COURT OF DELAWARE, July 24, 2007, Decided
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Overview: Because petitioner's argument concerning alleged irregularities with his indictment and arrest could be advanced on appeal, he failed to demonstrate that no other remedy was available to him. As such, he was not entitled to the issuance of a writ of certiorari. The petition manifestly failed to invoke the court's original jurisdiction.

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In re Wenzke, No. 267, 2007, SUPREME COURT OF DELAWARE, July 24, 2007, Decided
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Overview: State supreme court dismissed petition for writ of mandamus petitioner filed that sought to direct trial court to modify his sentence; his petition did not invoke state supreme court's original jurisdiction, as he should have appealed denial of his motion for sentence modification and not tried to use mandamus as substitute for appellate review.

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Marine v. State, No. 88, 2007, SUPREME COURT OF DELAWARE, July 24, 2007, Decided
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Overview: Defendant's sentences were affirmed and his counsel's Del. Sup. Ct. R. 26(c) motion to withdraw was thus rendered moot; trial court did not improperly consider defendant's 1982 convictions in determining defendant's sentence, and there was no constitutional or statutory right to challenge sentences solely on the ground they exceeds TIS guidelines.

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Richardson v. State, No. 630, 2006, SUPREME COURT OF DELAWARE, July 24, 2007, Decided
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Overview: Trial court did not err in instructing jury on accomplice liability, as State was not required to prove defendant subjectively foresaw his partner would attempt to murder person whose residence they broke into; instead, it only had to prove that it was reasonable for someone in defendant's position to foresee the consequential crime, which it did.

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State v. Godwin, ID. No. 0410015738, SUPERIOR COURT OF DELAWARE, KENT, July 24, 2007, Decided
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Overview: A police officer had a reasonable and articulable suspicion to stop defendant's vehicle when he observed it commit traffic violations of Del. Code Ann. tit. 21, ?? 4152 and 4176; there was probable cause to arrest defendant based on his failed sobriety tests, his admission that he consumed alcohol, and the traffic violations.

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Burkett v. State, No. 25, 2007, SUPREME COURT OF DELAWARE, July 25, 2007, Decided
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Overview: Trial court's judgment that dismissed defendant's postconviction relief motion pursuant to Del. Super. Ct. R. Crim. P. 61(i)(1) was affirmed; that motion was filed more than three years after relevant conviction became final and he could not show, pursuant to Del. Super. Ct. R. Crim. P. 61(i)(5), that "miscarriage of justice" exception applied.

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Ropp v. King, C.A. No. 2536-VCN, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 25, 2007, Decided
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Overview: Chancery court dismissed the securities commissioner's appeal from an order by a hearing officer the commissioner appointed in a securities matter because the commissioner was not aggrieved by his own order within the meaning of Del. Code Ann. tit. 6, ? 7324 of the Delaware Securities Act. Therefore, the commissioner could not demonstrate standing.

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Sims v. State, No. 80, 2007, SUPREME COURT OF DELAWARE, July 25, 2007, Decided
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Overview: Based upon the evidence presented, jury could have found that the State proved beyond a reasonable doubt that defendant had resisted arrest, tampered with physical evidence, maintained a vehicle for keeping controlled substances, and possessed cocaine; evidence showed he admitted swallowing cocaine in presence of police to avoid further trouble.

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