Delaware, July, 2002, State Case law

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State Courts - Delaware - July 26 - July 29, 2002

Goodwyn v. Carroll, C.A. No.: 02M-03-002-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 26, 2002, Decided
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Overview: Petitioner was not entitled to writ of mandamus, where he alleged that department of corrections improperly took away his good time when he violated parole. Department was permitted to do this, as petitioner committed parole violation.

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In re Prodigy Communs. Corp. S'holders Litig., C.A. No. 19113, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 26, 2002, Decided
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Overview: Court approved settlement increasing target corporation's cash price per public share from $ 5 to $ 6 in merger with acquiring corporation, which owned 42 percent of votes of target; agreement was also approved by independent directors.

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Rojas v. State, No. 6, 2002, SUPREME COURT OF DELAWARE, July 26, 2002, Decided
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Overview: Defendant's appeal was without merit and devoid of appealable issues since the trial court was not bound by the recommended sentence, the sentence was within the statutory limits, and the ineffective assistance claim was not preserved.

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State Farm Mut. Auto. Ins. Co. v. Andrews, C.A. No. 2000-09-062, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, July 26, 2002, Submitted , July 26, 2002, Decided
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Overview: In insurer's subrogation action against owner of loose dog causing insured's motorcycle accident, trial court dismissed property damage claim under limitations statute and allowed PIP claim for violation of loose dog statutes and negligence.

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State v. Lenoir, ID # 0001000698, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 26, 2002, Decided
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Overview: Defendant's motion for postconviction relief on ground that sentence was illegal was dismissed, as defendant failed to set forth his claims with supporting facts; when entering guilty plea he understood that he could receive maximum sentence.

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State v. Smiley, ID # 0109014756, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 26, 2002, Decided
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Overview: Defendant's motion for a judgment of acquittal was granted upon reconsideration; irreconcilable differences in the testimony of the State's witnesses presented insufficient evidence to sustain a verdict of guilty against defendant.

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Redden v. Amalfitano, C.A. No. 99C-04-373-FSS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2002, Decided
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Overview: Trial court denied accident victim's motion for a new trial or for additur, as the car driver presented expert medical testimony to counter the victim's expert medical testimony, and the verdict was not against the weight of the evidence.

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Spell v. State, No. 143, 2002, SUPREME COURT OF DELAWARE, July 29, 2002, Decided
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Walls v. Jackson, Superior Court C.A. No. 02C-02-160-JEB, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2002, Decided
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Overview: Court dismissed assignor's contract, tortious interference, and action to recover returned (after being seized) property from defendants assignor, his attorney, and police, based on res judicata, sovereign immunity, and statute of limitations.

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