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   State Courts - Delaware - August 7 - August 9, 2007

  
Barrow v. Abramowicz, No. 486, 2006, SUPREME COURT OF DELAWARE, August 7, 2007, Decided
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Overview: Trial court erred in not permitting testimony of doctor's medical expert that was favorable to representative's medical malpractice case since that highly probative evidence went to the very heart of representative's case and in allowing the doctor to express an expert opinion without having disclosed doctor, who was the defendant, as an expert.

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Carney v. State, No. 47, 2007, SUPREME COURT OF DELAWARE, August 7, 2007, Decided
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Overview: Because: the trial judge properly rejected defendant's attempt to file an untimely motion to suppress, sufficient evidence supported defendant's possession of ammunition by a person prohibited conviction, and the judge acted within his discretion in imposing a sentence within the statutory limits, no reversible error was presented.

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Gamles Corp. v. Gibson, No. 96, 2007, SUPREME COURT OF DELAWARE, August 7, 2007, Decided
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Overview: Trial court erred in concluding as a matter of law that in holding that the note assignee's 1994 judgment against father and son expired by reason of Del. Code Ann. tit. 10, § 4711; that statute provided that a judgment lien on real estate would expire if not renewed within 10 years after entry and not that the underlying judgment expired.

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Henry v. State, No. 40, 2007, SUPREME COURT OF DELAWARE, August 7, 2007, Decided
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Overview: Finding that defendant was in violation of probation affirmed; superior court acted within its discretion in rejecting defendant's claim that he had been promised leniency, claim of ineffective assistance of counsel would not be considered in direct appeal, and there was no evidence of any extrajudicial source of judicial bias regarding VOP judge.

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City of Wilmington v. K.J.C., No. 142, 2007, SUPREME COURT OF DELAWARE, August 8, 2007, Decided
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Overview: A city's appeal from the denial of a petition to modify an expungement order so that it could conduct an internal investigation of an employee was moot, and the public interest exception did not apply. After the city appealed, it had decided to withdraw disciplinary charges against the employee, so the matter would not necessarily evade review.

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Diedenhofen-Lennartz v. Diedenhofen, C.A. No. 2589-VCS, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 8, 2007, Decided
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State v. Jason Mills, CR. A. NOS: IN04-03-1737-R2; IN04-03-2717-R2; IN04-03-2718-R2, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 8, 2007, Decided
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State v. Wicks, Criminal Action No.: 0607015596, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, August 8, 2007, Decided
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Overview: Defendant was not entitled to DeBerry-Lolly instruction as videotape of field sobriety tests was not lost or destroyed because camera was misaligned and failed to record completion of the field physical coordination test. Original tape still existed. There was not scintilla of evidence of bad faith by investigating officer in setting up video.

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Upfront Enters., LLC v. Kent County Levy Court, C.A. No. 2678-VCN, CONSOLIDATED C.A. No. 2921-VCN, COURT OF CHANCERY OF DELAWARE, KENT, August 9, 2007, Decided
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