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   State Courts - Delaware - June 17 - June 18, 2002

  
Hudak v. Procek, No. 416, 2000, SUPREME COURT OF DELAWARE, June 17, 2002, Decided
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Overview: Mother rebutted presumption that placing title to property she purchased in daughter's name was a gift to the daughter, and it was appropriate to impose a resulting trust on the property in favor of the mother.

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Kennett v. Carlyle Johnson Mach. Co., C.A. No. 18690-NC, COURT OF CHANCERY OF DELAWARE, KENT, June 17, 2002, Decided
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Overview: Where failure to join absent transferees could have been prejudicial, there was no means of alleviating that risk, and Connecticut offered available forum to provide complete relief, transferees were deemed indispensable, and case was dismissed.

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Satterfield v. Pharmacia Corp., C.A. 19488, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 17, 2002, Decided
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Overview: As the estate administrator's action seeking replacement certificates of shares of stock had already been addressed in prior federal litigation, his attempt to relitigate the claims was denied by the doctrine of res judicata.

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State v. Dukes, Case No. 0202016757, C.A. No. 02-03-0392, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, June 17, 2002, Decided
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Overview: An officer's circumstantial evidence that he did not see anyone leaving defendant's vehicle was contradicted by testimony from defendant and her friends who indicated that they drove her; she was found not guilty of driving while intoxicated.

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State v. Lewis, ID No.: 0105009399, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 17, 2002, Decided
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Overview: Dismissal of drug case was not warranted on double jeopardy grounds as prosecutor's failure to turn over tape recording of defendant's statement was not intentional as she neglected to note that police report indicated statement had been recorded.

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Johnson v. State, No. 578, 2000, SUPREME COURT OF DELAWARE, June 18, 2002, Decided
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Overview: Trial court properly ruled that out-of-court statement of co-conspirator was voluntary, although it was recorded without his knowledge and against his wishes. Statement was not offered against co-conspirator, and he admitted that it was voluntary.

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Reddy v. Elec. Data Sys. Corp., C.A. No. 19467, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, June 18, 2002, Decided
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Overview: Employer's bylaws entitled former employee to advancement of litigation expenses in both criminal action pending against him and civil action filed by employer alleging his fraudulent activities while acting as corporate employee.

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State v. Harmon, Nos. 606 and 628, 2001 Consolidated, SUPREME COURT OF DELAWARE, June 18, 2002, Decided
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Overview: Knife defendant used to stab victim in eye was deadly weapon supporting charge of possession of deadly weapon during commission of felony. The knife was dangerous instrument that was used to cause serious physical injury.

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State v. Pennewell, I.D. No. 0102006372, SUPERIOR COURT OF DELAWARE, NEW CASTLE, June 18, 2002, Decided
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Overview: Trial court properly denied defendant's motion for leave to file motion to suppress, where motion to suppress was not timely filed. Court properly found that last minute entry of new defense counsel was not justification for ignoring deadlines.

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State v. Woolford, [NO NUMBER IN ORIGINAL], SUPERIOR COURT OF DELAWARE, KENT, June 18, 2002, Decided
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Overview: Sufficient basis existed for allowing defendant to withdraw guilty plea whether or not basis existed for factual innocence claim, or prejudice to the State, as he pled guilty to one charge thinking he was pleading guilty to a different charge.

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