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   State Courts - Delaware - August 11, 2008

  
Brown v. State, No. 227, 2008, SUPREME COURT OF DELAWARE, August 11, 2008, Decided
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Overview: Because defendant's Del. Super. Ct. R. Crim. P. 61(a) (2008) postconviction motion and his appeal from the denial therefrom did not challenge his convictions for reckless endangering and maintaining a vehicle, the motion was properly denied.

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In re Buonamici, C.M. No. 04116-N-VCP, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 11, 2008, Decided
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Overview: A guardian breached her fiduciary duty, Del. Code Ann. tit. 12, § 3302(a), in making an unauthorized loan from the ward's estate to his mother. The guardian occupied the position of a fiduciary for each of the parties to the loan transaction, and should have sought court approval before making any loans.

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Mitchell v. State, C.A. No. 08C-05-052 JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 11, 2008, Decided
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Overview: Because the State did not carry any insurance to cover an elevator passenger's alleged loss, because it did not waive sovereign immunity pursuant to Del. Code Ann. tit. 18, § 6511, and because there was no applicable exception to sovereign immunity, the action against the State was barred by the immunity set forth in Del. Const. art. I, § 9.

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State v. Lewis, I.D. No. 0305016966, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 11, 2008, Decided
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Overview: Defendant's fourth postconviction relief motion was procedurally barred by Del. Super. Ct. R. Crim. P. 61(i)(4) because, inter alia, Supreme Court of Delaware had already found that defendant was unable to overcome time-bars, and any claim of a due process violation was not raised in his previous postconviction motions, nor in his appeal.

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State v. Stokes, I.D. # 76000001DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 11, 2008, Decided
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Overview: Defendant's motion for postconviction relief was procedurally barred under Del. Super. Ct. R. Crim. P. 61(i)(1) because it was filed twenty-nine years after his final conviction. The supreme court's revised interpretation of Del. Code Ann. tit. 11, § 636(a)(2) did not apply because defendant was convicted of first degree murder under § 636(a)(1).

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