Delaware, June, 2006, State Case law

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State Courts - Delaware - June 29, 2006

Carlson v. State, No. 448, 2005, SUPREME COURT OF DELAWARE, June 29, 2006, Decided
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Overview: Introduction of expert's opinion on meaning of term "security" was upheld as defense counsel's conduct affirmatively demonstrated decision not to object to testimony. Statutory definition of "security" was not unconstitutionally vague; among other things, defendant was a licensed insurance agent who knew he was not permitted to sell securities.

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Demby v. State, No. 479, 2005, SUPREME COURT OF DELAWARE, June 29, 2006, Decided
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Overview: Because the prosecutor could request that defendant's sentence be imposed pursuant to former Del. Code Ann. tit. 16, ? 4763(a)(3), and because the sentence was authorized by the judgment of conviction at the time defendant was sentenced, defendant's Del. Super. Ct. R. Crim. P. 35(a) motion to correct an illegal sentence was properly denied.

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Godwin v. State, No. 4, 2006, SUPREME COURT OF DELAWARE, June 29, 2006, Decided
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Overview: Because a weapon was readily accessible, because defendant's prior juvenile adjudications were properly admitted under Del. Code Ann. tit. 10, ? 1063(b), and because collateral estoppel did not bar the prosecution, defendant was properly convicted of possession of a deadly weapon by person prohibited under Del. Code Ann. tit. 11, ? 1448(a)(4).

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Harbinger Capital Partners Master Fund I, Ltd. v. Granite Broad. Corp., C.A. No. 2205-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 29, 2006, Decided , June 29, 2006, Filed
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Overview: Trial court granted corporation's Del. Ch. Ct. R. 12(b)(6) motion to dismiss where preferred shareholder sued to enjoin corporation's sale of certain assets; review of stock at issue showed stock could not give rise to a right to payment against the corporation, and, thus, the preferred shareholder lacked standing because it was not a "creditor."

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Palese v. Del. State Lottery Office, C.A. No. 1546-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 29, 2006, Decided , June 29, 2006, Filed
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Overview: Lottery ticket buyer's claims against the Director of the Delaware State Lottery Office and the Delaware State Lottery Office for a prize were dismissed for failure to state a claim as, pursuant to the Delaware State Lottery Regulations promulgated under Del. Code Ann. tit. 29, ? 4805(a), the winning ticket had to be presented to claim the prize.

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Smith v. State, Nos. 308, 2005, SUPREME COURT OF DELAWARE, June 29, 2006, Decided
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Overview: During defendant's trial for, inter alia, attempted murder, a letter he allegedly wrote to a friend was properly authenticated under Del. R. Evid. 901(b)(2), (4) by the lay opinion of the friend, who knew defendant's handwriting from watching him write rap songs, and by the letter's distinctive content, including nicknames and details of the crime.

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Staats v. State, No. 501, 2005, SUPREME COURT OF DELAWARE, June 29, 2006, Decided
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Overview: Because a jury could find that defendant fled from a crime scene and attempted to avoid apprehension by altering his appearance, the trial court's flight instruction was entirely appropriate to show consciousness of guilt in defendant's trial for first-degree murder and possession of a firearm during the commission of a felony.

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