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| Mobley v. State, No. 585, 2005,
SUPREME COURT OF DELAWARE, July 10, 2006, Decided
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Overview: Because defendant's ineffective assistance of counsel claim was not presented to the trial court, it was not reviewable on direct appeal; Del. Super. Ct. R. Crim. P. 5.1(b) permitted the State to institute a prosecution after defendant was discharged at a preliminary hearing.
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| O'Neill v. Town of Middletown, C.A. No. 2197-N,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 10, 2006, Decided , July 10, 2006, Filed
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Overview: Unarticulated and clear reasons in the record to sustain rezoning could not be found, and rezoning of a parcel had to overturned. The court could not substitute its views for the reasons given by town council members. Rezoning was not the only option available to the council in satisfying the council's obligation under a revised comprehensive plan.
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| Rockland Builders, Inc. v. Endowment Mgmt., LLC, C.A. No. 05L-04-107-JRS,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 10, 2006, Decided
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Overview: Because a contractor provided a lessee with a Del. Code Ann. tit. 25, § 2705 list of the persons or entities furnishing labor and material to the premises within the Del. Code Ann. tit. 25, § 2711 time for filing the claim, the contractor could avail itself of the mechanic's lien statute.
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| Slade v. State, No. 180, 2006,
SUPREME COURT OF DELAWARE, July 10, 2006, Decided
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Overview: Inmate's motion for postconviction relief was properly denied as procedurally barred under Del. Super. Ct. R. Crim. P. 61(i)(1) and (4); record in his murder trial did not support his claim that there was no factual basis for opinion of medical examiner as to victim's death. Absent constitutional claim and miscarriage of justice, no relief was due.
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| Weaver v. State, No. 58, 2006,
SUPREME COURT OF DELAWARE, July 10, 2006, Decided
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Overview: Because defendant was not eligible for conditional release and had to remain incarcerated until death, and because good time credit would not shorten defendant's sentence, only accelerate his parole eligibility date, the sentence was not illegal under Del. Super. Ct. R. Crim. P. 35(a) and his appeal lacked merit.
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