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| Glade v. Dnrec, C.A. No. 00A-01-003,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 12, 2001, Decided
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Overview: Agency's adoption of matrix system was valid since it considered protection and uniqueness of area. Landowner did not show that agency's application of matrix prejudiced its dock application.
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| Prison Health Servs. v. BCE Emergis Corp., No. 312, 2001,
SUPREME COURT OF DELAWARE, July 12, 2001, Decided
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| Reed v. State, No. 44, 2001,
SUPREME COURT OF DELAWARE, July 12, 2001, Decided
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| State v. Clough, Cr.A. Nos. N00-07-1153, N00-07-1154,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, July 12, 2001, Decided
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Overview: Court found that intoxilizer machine was functioning properly on date that test was administered to defendant, and the test results were admitted. Defendant was convicted of DUI.
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| Kirchner v. Stief, C.A. No. 1999-02-209,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, July 13, 2001, Decided
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Overview: The sellers of a home were liable to the buyers for falsely stating that their property was not located in a flood zone. The misrepresentation was material, because the buyers did not want to purchase a home that had a risk of flood loss.
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| State v. Baker, Case No. 0012001213,
COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, July 13, 2001, Decided
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Overview: Defendant was convicted of drunk driving, as she had actual physical control over car where she was found drunk and passed out in driver's seat, car was not running, and keys were on passenger seat.
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| In re Explorer Pipeline Co., C.A. No. 18749,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 16, 2001, Decided
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Overview: Although proposed operating lease subjected pipeline company to indebtedness, it was not indebtedness for borrowed money; therefore, supermajority shareholder approval was not required.
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| State v. Morris, ID # 0010008090,
SUPERIOR COURT OF DELAWARE, SUSSEX, July 16, 2001, Decided
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Overview: Uncounseled misdemeanor convictions could be used under recidivist statutes to enhance punishment upon future conviction. Only actual imprisonment triggered a Sixth Amendment concern.
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| Syed v. Hercules, Inc., C.A. No. 00A-09-008-CG,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 16, 2001, Decided
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Overview: Industrial Accident Board applied wrong statute to determine that employee's claim alleging fraud by employer in inducing settlement of worker's compensation claim was untimely, but claim was barred under statute board should have applied.
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