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   State Courts - Delaware - October 18, 2005

  
Atamian v. Bahar, No. 331, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Atamian v. Nguyen, No. 369, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Coley v. State, No. 11, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Overview: Suppression was properly denied, as an officer had authority to arrest defendant for a drug offense pursuant to Del. Code Ann. tit. 11, ? 1904 as a person the officer had reason to believe was committing a drug crime. Further, the search of defendant immediately before his arrest could be upheld as a valid search incident to arrest.

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Drummond v. State, No. 200, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Overview: Denial of motion for postconviction relief was proper. The inmate's claim that the prosecutor knowingly introduced and relied upon false evidence regarding the time the crime was procedurally barred because it was disposed of on direct appeal. The inmate's ineffective assistance claim repeated a claim previously adjudicated and thus, also failed.

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Fisher v. State, No. 135, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Overview: On review of a court's finding that defendant had committed a violation of probation, a court found that there was ample testimony supporting the State's allegations that defendant had not complied with conditions of his sentencing order by failing to report to his probation officer and enroll in gamblers' anonymous and by committing new offenses.

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In re Brown, No. 389, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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In re Chasanov, No. 390, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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In re Will of Wiltbank, Civil Action No. 2251-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, October 18, 2005, Decided , October 18, 2005, Filed
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Overview: A decedent's will was voided and the estate was ordered to be divided by intestacy pursuant to Del. Code Ann. tit. 12, ? 503(1), as the court found that the decedent's son unduly influenced the decedent, who had suffered a debilitating stroke, into granting the entire residuary of the estate to the son.

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Johnson Controls, Inc. v. Barkley, No. 421, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Kilborn v. Collins, No. 136, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Overview: By participating in hearing without raising his dismissal issue until after hearing, father waived his argument that mother's motion to modify child custody was to be dismissed because she did not comply with the requirements of Del. Code Ann. tit. 13, ? 730 and Del. Fam. Ct. R. Civ. P. 7(b). Any defect was minor under Del. Fam. Ct. R. Civ. P. 61.

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