Delaware, July, 2002, State Case law

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State Courts - Delaware - July 16 - July 18, 2002

Beeghley v. Beeghley, Nos. 44, 1996; 223, 1996; 450, 1996; 451, 1996; 149, 1997; 26, 2000, 88, 2000; 146, 2000 (CONSOLIDATED), SUPREME COURT OF DELAWARE, July 16, 2002, Decided
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City of Wilmington v. Butler, C.A. No.: 01T-10-023-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 16, 2002, Decided
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Overview: As time between sheriff's sale of property for back taxes and sale's confirmation was not grace period during which sale could be set aside merely by paying judgment, sale was not confirmed and lien holder's motion to set aside sale was granted.

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Goldman v. Pogo.com Inc., C.A. No. 18532-NC, COURT OF CHANCERY OF DELAWARE, KENT, July 16, 2002, Decided
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Overview: Motion for reargument of denial of motion to dismiss was rejected where court did not misunderstand facts, and stockholder adequately pleaded failure to disclose and a calculated scheme by adversaries to effectively eliminate stockholder's interest.

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In re Carey, No. 137, 2002, SUPREME COURT OF DELAWARE, July 16, 2002, Decided
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Overview: Despite evidence of lawyer's personal and emotional problems, he was disbarred for the misappropriation of client funds for his personal use, and the failure to establish a separate account for the proceeds of the sale of a client's house.

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Moore v. State, No. 519, 2001, SUPREME COURT OF DELAWARE, July 16, 2002, Decided
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Ayers v. State, No. 14, 2002, SUPREME COURT OF DELAWARE, July 18, 2002, Decided
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Overview: Although prosecutor violated well-defined standards of conduct, and defense counsel's failure to object may have been below objective standard of reasonable conduct, defendant did not demonstrate enough prejudice to be entitled to relief.

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Balko v. State, No. 621, 2001, SUPREME COURT OF DELAWARE, July 18, 2002, Decided
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Overview: The evidence was sufficient to convict, and there was no basis for a prosecutorial misconduct claim. The jury instructions were proper. Counsel made a conscientious effort to examine the record and properly found no meritorious claims.

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Hammond v. State, No. 365, 2002, SUPREME COURT OF DELAWARE, July 18, 2002, Decided
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State v. Appleby, ID # 0108001842, SUPERIOR COURT OF DELAWARE, July 18, 2002, Decided
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Overview: Defendant was not entitled to suppression of evidence that was obtained from his hard drive, where the wife gave it to his employer, who gave it to police. Because wife also owned hard drive, she could give police consent to look at its contents.

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White v. Pinera, Jdg. No. 01J-06-274, Dkt. No. P-19412, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 18, 2002, Decided
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Overview: Superior court remanded case to justice of the peace court to consider motion to vacate a default judgment that was entered in justice of the peace court, as justice of the peace court had entered judgment and outcome depended on that court's rules.

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