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| In re Defendant Id No. 0606001166, No. 0606001166,
SUPERIOR COURT OF DELAWARE, SUSSEX, August 21, 2008, Decided
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Overview: Because defendant's motion for postconviction relief was filed more than a year after the case became final, and because there was no colorable claim of any miscarriage of justice, and because everything defendant alleged, he knew on the day of his plea, the motion was procedurally barred by Del. Super. Ct. R. Crim. P. 61(i)(1).
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| In re Riley, No. 210, 2008,
SUPREME COURT OF DELAWARE, August 21, 2008, Decided
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Overview: Defendants' petitions for writs of mandamus and prohibition were dismissed because they failed to invoke the original jurisdiction of the Supreme Court of Delaware. The supreme court had no jurisdiction under Del. Const. art. IV, ¿ 11(5) to issue a writ to the attorney general, and the appellate process would provide defendant an adequate remedy.
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| State v. Hackett, ID No. 9607013263,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 21, 2008, Decided
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Overview: Defendant was not entitled to postconviction relief because his participation as an accomplice to the robbery rendered him culpable for the murder of the victim and it was clear that the murder occurred in the course of the robbery and was committed in order to remove any resistance to its successful completion.
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| Hexion Specialty Chems., Inc. v. Huntsman Corp., C.A. No. 3841-VCL,
COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 22, 2008, Decided
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Overview: A corporation's motion to compel discovery of documents prepared by a second corporation's financial advisor was granted because Del. Ch. Ct. R. 26(b)(4)(B) did not apply when the advisor acquired and continued to acquire information as an "actor" in or a "viewer" of the corporations' transaction, which was at the heart of the parties' lawsuit.
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| Money v. State, No. 110, 2008,
SUPREME COURT OF DELAWARE, August 22, 2008, Decided
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Overview: Rape conviction was affirmed because, although prosecutor misstated law during closing argument, under Del. Supr. Ct. R. 8, as defense counsel failed to object or request a curative instruction, review was for plain error, and failure to give curative instruction was not error because final jury instruction correctly stated the applicable law.
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| Waterman v. State, No. 562, 2007,
SUPREME COURT OF DELAWARE, August 22, 2008, Decided
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Overview: Trial court erred in allowing a child's videotaped interview to be available to jury during deliberations in defendant's rape trial because concerns about separate tapes of defendant's police interrogation did not justify departure from "default" rule that Del. Code Ann. tit. 11, ¿ 3507 statements should not have been allowed into jury room.
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| Young v. State, No. 602, 2007,
SUPREME COURT OF DELAWARE, August 22, 2008, Decided
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Overview: Incidents supporting attempted murder and assault charges occurred within 20 days of each other, and involved the same victim, the same weapon, similar injuries, the same witnesses, the same investigating officers, and arguably the same motive. Therefore, the joinder of the charges was appropriate under Del. Super. Ct. R. Crim. P. 8(a).
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