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   State Courts - Delaware - July 11 - July 15, 2002

  
Benson v. State, No. 213, 2002, SUPREME COURT OF DELAWARE, July 11, 2002, Decided
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Halliburton Co. v. Highlands Ins. Group, Inc., No. 156, 2001, SUPREME COURT OF DELAWARE, July 11, 2002, Decided
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Overview: Where a trial court had correctly stated the facts and the law on the central and dispositive issue, and appellant's motion for reargument was simply a replowing of old ground, the appellate court denied the motion.

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Prospero v. Williams, C.A. No. 02M-05-014, SUPERIOR COURT OF DELAWARE, July 11, 2002, Decided
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Overview: A prisoner's petition seeking a writ of mandamus was dismissed with prejudice; the prisoner's sentence required him to complete the Key Program before he was released, and there was no duty to release the prisoner as a matter of right.

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Speidel v. St. Francis Hosp., C.A. No. 98C-05-227 RRC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 11, 2002, Reissued
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Overview: Superior court could not order employee and employer to submit to binding high/low non-appealable arbitration with an arbitrator that the employer believed may not have made a fair and impartial finding.

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State v. Slade, ID # 9910021368, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 12, 2002, Decided
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Overview: Double jeopardy did not prohibit retrial of defendant. By attempting to call a witness who previously refused to testify, the State had not intended to provoke a mistrial, but acted on a good faith belief that the testimony would be admissible.

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Benchmark Capital Ptnrs. IV, L.P. v. Vague, C.A. No. 19719, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 15, 2002, Decided
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Overview: In an action for a preliminary injunction to stop a merger, junior stockholder could not show reasonable probability of success on merits, irreparable harm if injunction was not granted, or balance of equities in favor of granting relief.

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Middlebrook v. State, No. 273, 2000, SUPREME COURT OF DELAWARE, July 15, 2002, Decided
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Overview: Defendant was denied speedy trial by almost four-year delay between indictment and trial. Trial court was responsible for most of a 21-month delay, which weighed against State, as primary burden was on courts and prosecution to get cases to trial.

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State v. Kang, I.D. No. 0010013244, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 15, 2002, Decided
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Overview: Defendant's expert witness was not permitted to testify regarding the impact a passenger's failure to wear a seatbelt had as to defendant's culpability for the passenger's death, as the issue was irrelevant to the crimes charged.

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State v. Tilghman, K97-09-0327I-R1, K97-09-0328I-R1, K97-09-0329I-R1, K97-09-0330I-R1, K97-09-0331I-R1, K97-09-0332I-R1, K97-09-0333I-R1, K97-09-0334I-R1, K97-09-0335I-R1, K97-09-0336I-R1, K97-09-0337I-R1, K97-09-0338I-R1, K97-09-0339I-R1, K97-09-0340I-R1, K97-09-0341I-R1, K97-09-0342I-R1, K97-09-0343I-R1, K97-09-0344I-R1, K97-09-0345I-R1, K97-09-0346I-R1, K97-09-0347I-R1, K97-09-0348I-R1, K97-09-0349I-R1, SUPERIOR COURT OF DELAWARE, KENT, July 15, 2002, Decided
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Overview: Defendant's motion for postconviction relief was procedurally barred for failure to prove cause and prejudice. Defendant attempted to show cause for his procedural default by making merely conclusory assertions of ineffectiveness of counsel.

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Texiera v. Tryon, C.A. No. 02A-02-009 HLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 15, 2002, Decided
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