Delaware, August, 2007, State Case law

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State Courts - Delaware - August 2, 2007

Bolden-Wilson v. Hertrich's Corp., C.A. 07A-02-002 RBY, SUPERIOR COURT OF DELAWARE, KENT, August 2, 2007, Decided
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Overview: Judgment was affirmed as it was within trial court's authority to correct caption of case as clerical error under Del. J.P. Ct. Civ. R. 60(a) as customers had only one "person" in mind when they filed suit--"person" who was to repair their car. Repair shop, under whatever corporate incarnation, was that "person" and was not prejudiced by mistake.

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Cannon v. State, No. 20, 2007, SUPREME COURT OF DELAWARE, August 2, 2007, Decided
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Overview: Because the transcript of defendant's guilty plea colloquy fatally undermined his claim of ineffective assistance of counsel and a coerced guilty plea, the trial court did not abuse its discretion in denying his Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief.

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Filanowski v. Port Contrs., Inc, No. 39, 2007, SUPREME COURT OF DELAWARE, August 2, 2007, Decided
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J.R. Partners LLC v. Dimensional Stone Prods., LLC, C.A. No.: 2004-12-463, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, August 2, 2007, Decided
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Jackson v. State, Nos. 90 and 124, 2007 CONSOLIDATED, SUPREME COURT OF DELAWARE, August 2, 2007, Decided
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Overview: Because neither Del. Super. Ct. R. Crim. P. 35(a) nor Del. Super. Ct. R. Civ. P. 60(b) could be used to collaterally attack a criminal conviction claiming that a sentence was illegal, the trial court properly denied defendant's motions that claimed errors in the jury instructions.

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Proctor v. State, No. 99 and 100, 2007 CONSOLIDATED, SUPREME COURT OF DELAWARE, August 2, 2007, Decided
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Overview: Because the record reflected that the Board of Parole did not decide the factual issue of whether a probationer had committed new offenses, the doctrine of collateral estoppel did not apply to the trial courts' orders finding the probationer in violation of his probation.

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Shockley v. State, No. 222, 2007, SUPREME COURT OF DELAWARE, August 2, 2007, Decided
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Overview: Because defendant's sentence modification motion did not raise a claim of extraordinary circumstances, and because the factual assertions about his Hepatitis-C were not supported by any evidence, the trial court properly denied his second motion for modification of sentence as untimely and repetitive.

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Vann v. Town of Cheswold, C.A. No: 05C-08-037 (RBY), SUPERIOR COURT OF DELAWARE, KENT, August 2, 2007, Decided
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Overview: Dismissal of police chief under Delaware Police Chief Due Process Statute, Del. Code Ann. tit. 11, ? 9301(a), was affirmed as evidence as to allegations against police chief was testimonial, and pitted town's version of events against police chief's version. Town council was entitled to its credibility determinations and assessment of evidence.

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