Delaware, July, 2002, State Case law

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State Courts - Delaware - July 10, 2002

Alderman v. May Dep't Stores Co., C.A. No. 00C-07-038-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 10, 2002, Decided
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Capano v. Dir. of Revenue, C.A. No. 01A-03-002 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 10, 2002, Decided
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Overview: Taxpayer was not entitled to tax credit for his pro rata share of taxes paid in Pennsylvania by a corporation, which was an S corporation in Delaware, but was not recognized as an S corporation in Pennsylvania.

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Collins v. State, Nos. 87, 2002 & 130, 2002, SUPREME COURT OF DELAWARE, July 10, 2002, Decided
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Overview: Summary denial of petition for postconviction relief without considering merits of adequately stated ineffective assistance claim was abuse of discretion, where claim could not have been previously raised and, thus, was not procedurally barred.

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Crippen v. State, No. 443, 2001, SUPREME COURT OF DELAWARE, July 10, 2002, Decided
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Overview: Postconviction relief was properly denied to defendant, who failed to specify in what way any conduct on part of counsel resulted in prejudice to him, and where defendant's claim of prosecutorial misconduct lacked support in record.

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Crowhorn v. Nationwide Mut. Ins. Co., C.A. No. 00C-06-010 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 10, 2002, Decided
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Overview: Trial court granted in part and denied in part an insurance company's motion to limit discovery as to 12 types of documents in a suit brought by an insured, because of the insurance company's refusal to pay benefits for the insured's injuries.

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In re Oracle Corp. Derivative Litig., CONSOLIDATED C.A. No. 18751, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 10, 2002, Decided
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Overview: Voluntary dismissal of action by derivative plaintiff stockholders was denied, where corporation appointed special litigation committee, as dismissal of action would impinge on committee's range of action and would usurp its function.

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In re State for a Writ of Mandamus, No. 244, 2002, SUPREME COURT OF DELAWARE, July 10, 2002, Decided
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Overview: The State's mandamus petition to direct a judge to allow a prosecutor could not use criminal history and motor vehicle information during voir dire was denied; the State failed to show a clear and indisputable right to use the information.

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Jones v. State, No. 622, 2001, SUPREME COURT OF DELAWARE, July 10, 2002, Decided
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Overview: Defendant was properly convicted of first degree robbery; testimony describing the appearance of a gun during defendant's flight from a store after being caught while shoplifting was sufficient evidence to prove the weapon element.

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State v. Smith, K01-07-0584I-R1, SUPERIOR COURT OF DELAWARE, KENT, July 10, 2002, Decided
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Overview: Defendant's counsel represented her in a competent and effective manner, as defendant failed to clearly demonstrate any prejudice stemming from her counsel's representation. She failed to allege any facts sufficient to substantiate her claims.

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