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State Courts -
Delaware - August 7 - August 8, 2008
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Revel v. State, No. 145, 2008,
SUPREME COURT OF DELAWARE, August 7, 2008, Decided
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Overview: Denial of motion for mistrial was not error, as detective's reference to assertion of Miranda rights was brief and unrepeated, likelihood of resulting prejudice was minimal, and case was not close, as the jury had three bank surveillance photographs showing the perpetrator's face and could compare those photos to defendant's physical appearance.
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State v. Cabrera, CRIMINAL ACTION NUMBERS IN-99-04-0314, IN-99-04-0315, IN-99-04-0316, IN-99-04-0317, IN-99-04-0318, IN-99-04-0319,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 7, 2008, Decided
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Overview: Defendant's motion to permit counsel to contact jurors from a 2001 trial was denied. The phrase "except as provided by court rule" in Del. Law. R. Prof. Conduct 3.5(c) encompassed, at a minimum, Del. R. Evid. 606(b). Therefore, Rule 3.5(c) operated to preserve the right to a fair trial and impartial jury (Sixth Amendment, Del. Const. art. I, ? 7).
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State v. Law, CR.A.NOS.: IN04-12-1429R1, IN04-12-1430R1, IN04-12-1431R1, IN04-12-1432R1, IN04-12-1433R1, IN04-12-1435R1, IN04-12-1436R1.,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 7, 2008, Decided
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Overview: Defendant's motion for postconviction relief under Del. Super. Ct. R. Crim. P. 61 was denied because it did not establish a legitimate claim of ineffective assistance of counsel. Defendant failed to show that counsel's decision not to file a motion to suppress evidence and counsel's investigation were below an objective standard of reasonableness.
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In re SS&C Techs., Inc., Consolidated C.A. No. 1525-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 8, 2008, Decided
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Overview: Considering the factors of Del. Law. R. Prof. Conduct 1.5(a), a reasonable award was $ 225,000 for defendants' fees incurred in connection with a motion by plaintiffs to withdraw and $ 25,000 in connection with a fee petition, in a class action litigation. The fee request was not commensurate with the work reasonably and necessarily required.
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In re William Lyon Homes S'holder Litig., Consolidated C.A. No. 2015-VCN,
COURT OF CHANCERY OF DELAWARE, KENT, August 8, 2008, Decided, August 8, 2008, EFiled
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Overview: In a shareholder class action challenging purchasers' efforts to acquire stock, pension fund's motion to compel the production of emails between the purchasers and their attorneys regarding conversations with the pension fund's attorney was denied. The purchasers did not waive the attorney-client privilege by placing the communications "at issue."
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