Delaware, October, 2005, State Case law

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State Courts - Delaware - October 18, 2005

Leonard v. Leonard, No. 49, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Overview: Father wanted full child custody based on mother's domestic violence, mental health, and causing his paramour's arrest. Lower court properly considered childrens' best interests under Del. Code Ann. tit. 13, ? 722(a), so it did not abuse its discretion by awarding joint legal custody, residential custody to mother, and visitation to father.

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Miller v. State, No. 287, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Overview: Superior court correctly dismissed defendant's motion for postconviction relief because the record reflected that his conviction became final in October 1997; thus his motion, filed in January 2005, was filed after the three-year period prescribed by Del. Ct. R. Crim. P. 61. Moreover, defendant presented no evidence of a miscarriage of justice.

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Miller v. State, No. 192, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Overview: Court found no error or abuse of discretion in the superior court's dismissal of defendant's motion for postconviction relief on the basis of untimeliness. Record showed that defendant's conviction became final in September 1983 and that his motion, filed in April 2005, was filed beyond three-year period prescribed by Del. Sup. Ct. R. Crim. P. 61.

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Showell v. State, No. 497, 2004, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Overview: On review of defendant's conviction for health care fraud, and defendant's claim that court admitted purely speculative testimony, court found no error. Witness had testified that defendant's transportation reimbursement billings were suspect because they billed for two escorts when only one was permitted where siblings were taken to same provider.

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Smith v. State, No. 367, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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State v. Mitchell, ID No: 0503018691, SUPERIOR COURT OF DELAWARE, KENT, October 18, 2005, Decided
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Overview: Defendant's motion for transfer under Del. Code Ann. tit. 10, ? 1011(b), for trial as juvenile was denied where State showed fair likelihood of being able to convict, multiple robbery offenses were egregious, defendant's criminal history was replete with similar crimes, and society's interest would best be served by treating defendant as an adult.

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State v. Perkins, ID No: 0407018106, SUPERIOR COURT OF DELAWARE, KENT, October 18, 2005, Decided
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Overview: Defendant's motion pursuant to Del. Super. Ct. R. Crim. P. 48(b) to dismiss his prosecution for unnecessary delay was denied, because only one short delay was attributed to the State, and was based on unavailability of the victim, and defendant failed to show that he suffered any delay from the delays.

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Whiteman v. State, No. 353, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Williams v. State, No. 264,2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Young v. State, No. 289, 2005, SUPREME COURT OF DELAWARE, October 18, 2005, Decided
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Overview: While inmate claimed he was convicted because counsel prevented him from testifying at trial, he did not state what his testimony would have been or how it would have changed the outcome of the case, which was essential to his claim of ineffective assistance of counsel; in absence of such showing, there was no error or abuse of discretion.

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