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   State Courts - Delaware - October 17, 2005

  
Nash v. State, No. 75, 2005, SUPREME COURT OF DELAWARE, October 17, 2005, Decided
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Overview: Because the Superior Court had jurisdiction to accept a guilty plea, entered a valid order of commitment remanding defendant to serve life in prison, making him ineligible for conditional release, and he had yet to complete that sentence, the Superior Court did not err when it summarily denied his petition for a writ of habeas corpus.

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Parnell v. State, C. A. No. 05M-09-004, SUPERIOR COURT OF DELAWARE, SUSSEX, October 17, 2005, Decided
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Overview: The individual was not entitled a writ of mandamus because the superior court never instructed the Department of Correction to award him credit time while awaiting extradition.

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Perez-Melchor v. Balakhani, C.A. No. 04C-05-269 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 17, 2005, Decided
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Overview: Although first two requirements for interlocutory appeal under Del. Super. Ct. R. 41 were met because court's order had determined a substantial issue by finding that suit for negligent entrustment could go forward against parents and order established legal rights, order did not also meet any one of criteria under Del. Super. Ct. R. 42(b)(i)-(v).

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Sanchez v. Am. Indep. Ins. Co., No. 186, 2005, SUPREME COURT OF DELAWARE, October 17, 2005, Decided
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Overview: Although a son was shot while sitting in an insured car, his location was the only connection between the injury and the car; consequently, because the son's injury did not arise out of the use of an automobile, the insurer could legally deny the son's personal injury claim under Del. Code Ann. tit. 21, ? 2118(a)(2).

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State v. Clark, I.D. # 0103004655, SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 17, 2005, Decided
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Overview: Since defendant stated he had no bank account, no real estate, no personal property, and during his incarceration he had incurred debts to the department of correction for legal expenses and mailing supplies, his motion for transcripts at the State's expense was granted as he complied with the procedural requirements of Del. Sup. Ct. R. 9(c)(ii).

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