Delaware, August, 2007, State Case law

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State Courts - Delaware - August 10 - August 13, 2007

Bennett v. State, Nos. 296/303, 2006 (Consolidated), SUPREME COURT OF DELAWARE, August 10, 2007, Decided
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Overview: Trial court did not err in denying the first defendant and second defendant's judgment of acquittal motion and convicting them of exploitation of an infirm adult; sufficient evidence, whether or not it was expert medical testimony, proved that they violated relevant statute, Del. Code Ann. tit. 31, ? 3913, as victim was shown to be "infirm adult."

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State v. Bunting, Cr. ID No. 0303001118, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 10, 2007, Decided
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Overview: Defendant was not entitled to postconviction relief because his claim of jury contamination based on an incident where a State's witness entered the courtroom during jury selection and sat with the jury pool was not raised on direct appeal from his conviction on robbery charges and, thus, was barred under Del. Super. Ct. R. Crim. P. 61(i)(3).

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Urban v. Meconi, No. 439, 2006, SUPREME COURT OF DELAWARE, August 10, 2007, Decided
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Overview: Because an order denying a claimant's request for breast reduction surgery under the Medicaid Early and Periodic Screening Diagnostic and Treatment program failed to consider the opinions of claimant's treating physicians that such was medically necessary, and was not supported by substantial evidence, said denial was reversed.

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State v. Washington, I.D. No. 0104011899, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 13, 2007, Decided
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Overview: The alleged ineffective assistance of trial counsel did not entitle defendant to postconviction relief, under Del. Super. Ct. R. Crim. P. 61, because it was not ineffective for counsel not to object to (1) references to a victim as "victim," as defendant raised no consent defense, and (2) admissible lay opinion testimony that a person was "scared."

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