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State Courts -
Delaware - June 27 - June 28, 2006
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Martin v. Hopkins, C.A. No. 05C-04-027,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 27, 2006, Decided
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Overview: Tenant did not lose his option to buy; he was late with rent under commercial lease, but landlord's notice of a default was wrong, in that rent for one of months claimed was not due, and claim that tenant had lost option was wrong. Thus, without valid notice of deficiency, there was no default or forfeiture of option, and lease was still in effect.
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Osborne v. Two Farms, Inc., C.A. 05A-12-001-ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, June 27, 2006, Decided
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Overview: While an employee failed to sustain her burden to show that her back problems were caused by a work accident, because her accident at home did not affect her ability to work, the Board erred in finding that it was an unforeseen, intervening, superseding event that broke the causal chain to the injury.
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Schoon v. Troy Corp., C.A. No. 1677-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 27, 2006, Decided , June 27, 2006, Filed
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Overview: To inspect corporate books, under Del. Code Ann. tit. 8, § 220, a shareholder had to certify that a party it would reveal information to said it was a bona fide purchaser of the shareholder's shares, identify the type of competitor it was, say when information would be revealed, and give the corporation the purchaser's confidentiality agreement.
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Teti v. State, No. 500, 2005,
SUPREME COURT OF DELAWARE, June 27, 2006, Decided
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Overview: Sentence of 20 years for Kidnapping First Degree was within the statutory range of Del. Code Ann. tit. 11 §§ 783A and 4205(a)(2), despite a SENTAC guidelines sentence of 5 years, and a judge that had considered defendant's criminal record, his prior abuse of the victim, and a need for correctional treatment had not exhibited a closed mind.
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Carroll v. State, No. 569, 2005,
SUPREME COURT OF DELAWARE, June 28, 2006, Decided
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Overview: Because defendant's claims about the DNA testing in 1999 lacked merit, because his claims were untimely, and because he did not raise a colorable claim of a miscarriage of justice due to a constitutional violation, pursuant to Del. Super. Ct. Crim. R. 61(i)(2), (5), defendant's claim for postconviction relief was properly denied.
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Knight v. State, No. 557, 2005,
SUPREME COURT OF DELAWARE, June 28, 2006, Decided
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Overview: Because a probation officer's testimony was more credible than defendant's, because defendant's due process rights under Del. Super. Ct. R. Crim. P. 32.1 were not violated, and because the sentence was within the permissible limits, pursuant to Del. Sup. Ct. R. 26(c), defendant's appeal lacked merit, and counsel's motion to withdraw was moot.
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