Delaware, July, 2002, State Case law

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State Courts - Delaware - July 24, 2002

State v. Lloyd, Superior Court I.D. No. 9807014400, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 24, 2002, Decided
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Overview: Defendant's motion for postconviction relief was dismissed, because it was filed more than three years after his conviction became final, and was therefore barred by the three-year limit under superior court criminal rule.

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State v. Thomas, Criminal Action Number: K02-06-0047 (No Passing Zone), Case Number: 020500891, COURT OF COMMON PLEAS OF DELAWARE, KENT, July 24, 2002, Decided
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Overview: Where the evidence that defendant began to pass in a no-passing zone was credibly contested, the State failed to prove all of the elements of the charge beyond a reasonable doubt.

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Tyson Foods, Inc. v. Aetos Corp., No. 124, 2002, SUPREME COURT OF DELAWARE, July 24, 2002, Decided
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Overview: Once the parties to an underlying action seeking specific performance of a corporate merger agreement settled and completed their merger, the trial court's earlier orders and fact findings were no longer appealable.

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United Phosphorus, Ltd. v. Micro-Flo, LLC, No. 626, 2001, SUPREME COURT OF DELAWARE, July 24, 2002, Decided
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Overview: Sellers' state action had to be considered first filed, as it was a continuation of the viable claims from their federal action; the sellers were pursuing their original litigation plan, and the buyers were forum shopping.

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