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   State Courts - Delaware - June 13, 2002

  
Bradshaw v. State, No. 345, 2001, SUPREME COURT OF DELAWARE, June 13, 2002, Decided
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Overview: Defendant's counsel had no authority to agree to Allen charge, in defendant's absence, where absence was not inconsistent with defendant's taking a long restroom break or getting food, and court's 15-minute wait was not long enough.

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Christiana Marine Serv. Corp. v. Texaco Fuel & Marine Mktg., C.A. No. 98C-02-217 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 13, 2002, Decided
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Overview: Laches defense by international oil provider was rejected, as there was no unreasonable delay and no prejudice in institution of action by barge contractor, where oil provider relied upon handshake and goodwill to perform important business function.

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Crawford v. State, No. 530, 2001, SUPREME COURT OF DELAWARE, June 13, 2002, Decided
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Overview: Where defendant appealed after pleading guilty to sex crimes, and a review of record confirmed the opinion of defendant's counsel that there were no arguably appealable issues in the case, appellate court granted State's motion to affirm judgment.

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Harris v. State, No. 179, 1999, SUPREME COURT OF DELAWARE, June 13, 2002, Decided
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Overview: As detaining officer did not articulate how defendant's lawful behavior matched police drug courier profile characteristics, officer's belief that defendant was drug courier was inchoate suspicion or hunch, and seized drugs had to be suppressed.

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Luby v. Town of Smyrna, No. 44, 2002, SUPREME COURT OF DELAWARE, June 13, 2002, Decided
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Murphy v. Thomas, No. 377, 2000, SUPREME COURT OF DELAWARE, June 13, 2002, Decided
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Overview: The trial court did not abuse its discretion in setting the amount of a remittitur of a judgment for plaintiffs, and in setting the amount of an additur of the judgment for plaintiffs following a retrial, based on the evidence presented.

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Ross v. State, No. 491, 2001, SUPREME COURT OF DELAWARE, June 13, 2002, Decided
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Overview: It was not plain error to sentence defendant to 10 years at Level V after defendant's fourth violation of probation.

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State v. Anderson, ID # 30306671DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 13, 2002, Decided
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Overview: Delaware Protection from Abuse Act did not apply to defendant, who was convicted of unlawful sexual intercourse with a minor.

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State v. Brock, ID # 9611002565, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 13, 2002, Decided
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Overview: Defendant's "cookie-cutter" motion was utterly without merit since it did not specifically address the facts of the case; defendant could not claim an interest in the Protection from Abuse Act when he was the abuser.

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State v. Grayson, ID # 30500267DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 13, 2002, Decided
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Overview: Movant's motion for postconviction relief was barred by three-year statute of limitations, where he was convicted in 1985, and he filed motion in 2002. Movant failed to show that fundamental fairness exception to statute of limitations applied.

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