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| Hitchens v. State, No. 468, 2006,
SUPREME COURT OF DELAWARE, July 26, 2007, Decided
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Overview: Judgment was affirmed as although sentencing counsel had prosecuted defendant in his original criminal case, she was not prosecutor in violation of probation (VOP) case. VOP case was not same "matter" as original criminal case under Del. Law. R. Prof. Conduct 1.11(e) as VOP case involved defendant's later conduct.
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| State v. Anker, [NO NUMBER IN ORIGINAL],
SUPERIOR COURT OF DELAWARE, SUSSEX, July 26, 2007, Decided
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Overview: Because a prisoner did not state, detail, explain, or in any way address how the outcome of the proceedings might have been different had counsel not committed these alleged errors, the ineffective assistance of counsel claims failed. Thus, the Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was denied.
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| State v. Burley, Cr. ID No. 0607023686,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 26, 2007, Decided
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Overview: Statement made by an unidentified person after shooting that man in red shirt shot man in white hat was admissible as excited utterance under Del. R. Evid. 803(2) as there was startling event, a shooting; statement related to circumstances of shooting; declarant had opportunity to observe shooting; and statement was made immediately after shooting.
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| Friendly Ghost Enters., LLC v. McWilliams, C.A. No. 2935-VCN,
COURT OF CHANCERY OF DELAWARE, KENT, July 27, 2007, Decided
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Overview: Del. Ch. Ct. R. 59(f) motion for reargument was granted after court concluded that its interpretation of prior case law was too narrow and that it had discretion to stay pending action while certain matters were arbitrated under shareholders' agreement; stay was ordered so that arbitrators could consider contract claims pled against a shareholder.
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| Doukas v. La Babola Bakery & Rest., LLC, C.A. No. 06L-03-033 JTV,
SUPERIOR COURT OF DELAWARE, KENT, July 30, 2007, Decided
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Overview: Judgment was entered for owners on contractor's mechanic's lien as it was untimely under Del. Code Ann. tit. 25, § 2711(b) since contractor did not obtain owner's consent for work done at tenant's request as required by Del. Code Ann. tit. 25, § 2722, and work was substantially completed more than 120 days from date that lien was filed.
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| Emory v. First Del. Ins. Co., C.A. NO. 06C-10-247 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2007, Decided
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Overview: Motion for reargument was denied as arbitration clause stated "the matter may be arbitrated," and did not state that it had to be arbitrated. It also stated that "either party may make a written demand for arbitration," but it did not state that once one party made arbitration demand, other party was forced to arbitrate.
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