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   State Courts - Delaware - October 28, 2005

  
Henke v. Trilithic Inc., Civil Action No. 13155, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, October 28, 2005, Decided , October 28, 2005, Filed
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Overview: In Del. Code Ann. tit. 8, § 262 appraisal action, court used discounted cash flow methodology to determine corporation's value and used build-up method to determine discount rate. Rate of growth of sales was determined on product-by-product basis rather than applying one growth rate to all products, and debt deduction was amount actually payable.

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Snyder v. Jehovah's Witnesses, Inc., C.A. No.: 05A-02-001, SUPERIOR COURT OF DELAWARE, SUSSEX, October 28, 2005, Decided
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Overview: Court of common pleas properly dismissed a landowner's fraudulent misrepresentation action, as it failed to prove any of the four elements thereto. Further, there was no evidence of a unilateral or mutual mistake, no reason to award damages for unjust enrichment, and any future damages were speculative.

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State v. Colon, ID # 0104009021, SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 28, 2005, Decided
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Overview: Because Blakely did not apply to Delaware's voluntary and non-binding sentencing guidelines, because defendant's Blakely argument was untimely, and because the sentence was appropriate, defendant's motion to reduce a five-year sentence for trafficking in cocaine was denied.

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State v. Crawford, CR. A. NOS: IN88-02-1007 R2; IN88-02-1008 R2; IN 88-04-0845 R2, DEF. I.D.: 30800813DI, SUPERIOR COURT OF DELAWARE, NEW CASTLE, October 28, 2005, Decided
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Overview: After considering defendant's procedurally-barred post-conviction relief motion alleging a colorable constitutional claim, neither his right to counsel nor due process were violated, as the appointment of counsel for his defense was discretionary, and preservation of the challenged evidence, which was not introduced at trial, was not required.

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State v. Ismaaeel, Def. ID # 0304002130, SUPERIOR COURT OF DELAWARE, SUSSEX, October 28, 2005, Decided
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Overview: Defendant's only postconviction claims not procedurally barred under Del. Super. Ct. R. Crim. P. 61(i) were those relating to counsel's claimed ineffectiveness, but counsel was not ineffective in failing to move for suppression where probation officers' initial questioning and seizure of defendant had been proper.

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Thompson v. State, No. 22, 2005, SUPREME COURT OF DELAWARE, October 28, 2005, Decided
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Overview: Although the prosecutor erred in telling the jury to not go into deliberations to seek reasonable doubt, but "to seek the truth," said error was harmless as the trial court eliminated any prejudicial impact to defendant's right to a fair trial by issuing a curative instruction to the jury. Also, the remark was not repetitive.

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Word v. Johnson, C.A. No. 1004-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, October 28, 2005, Decided
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Overview: Buyer was granted summary judgment in part, satisfying the first prong necessary to show his entitlement to specific performance of a sales agreement, requiring the seller to appear for closing, where the seller was to convey title to the buyer in exchange for the buyer's satisfaction of the existing mortgage and discharge of the underlying note.

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