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   State Courts - Delaware - July 18 - July 19, 2001

  
Atkinson v. State, No. 572, 1999, SUPREME COURT OF DELAWARE, July 18, 2001, Decided
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Overview: A mistrial should have been granted as the State delayed disclosure of its witness interview notes which could have changed the outcome of the trial. The notes revealed inconsistent statements by the victim.

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Ferguson v. State, No. 503, 2000, SUPREME COURT OF DELAWARE, July 18, 2001, Decided
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Overview: Where defendant's guilty plea was knowing, voluntary, and intelligent, it constituted a waiver of any alleged defect that occurred prior to its entry.

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Gotham Partners, L.P. v. Hallwood Realty Partners, L.P., Civil Action No. 15754, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 18, 2001, Decided
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Overview: Because a general partnership violated its own partnership agreement in actively manipulating the price for units for investment in the partnership, the appropriate remedy was in contract.

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In re Johnson, No. 250, 2001, SUPREME COURT OF DELAWARE, July 18, 2001, Decided
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Overview: State constitution allowed writs of mandamus to be directed only to courts or judges. Since defendant did not effect review of sentence in lower court, it had no duty to perform for which writ could be directed.

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Proctor v. State, No. 147, 2001, SUPREME COURT OF DELAWARE, July 18, 2001, Decided
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Overview: Defendant's appeal of his criminal conviction was dismissed, because defendant failed to file his notice of appeal with the appellate court in a timely fashion, and the appellate court therefore lacked jurisdiction to hear the appeal.

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State v. Arnold, Cr. A. No. VN94-05-1069R1, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 18, 2001, Decided
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Overview: Since defendant's petition failed to set forth any facts from which the court could determine the merits of his grounds for relief, his motion for postconviction relief was dismissed.

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Cirrus Holding Co. v. Cirrus Indus., C.A. No. 18978, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 19, 2001, Decided
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Overview: Structure of stock purchase agreement allowed corporation's board to terminate purchase contract; purchaser did not establish a reasonable likelihood of success on its action for specific performance.

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Hubbard v. State, No. 557, 2000, SUPREME COURT OF DELAWARE, July 19, 2001, Decided
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Overview: Where defendant violated probation, and his suspended sentence was re-imposed, the trial court did not violate due process at the probation revocation hearing, because it was required to re-impose the mandatory sentence.

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Reed v. State, No. 459, 2000, SUPREME COURT OF DELAWARE, July 19, 2001, Submitted , July 19, 2001, Decided
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State v. Megee, Case No. 0103008577, COURT OF COMMON PLEAS OF DELAWARE, SUSSEX, July 19, 2001, Decided
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Overview: Defendant's motion for a new trial was denied, because defendant did not receive ineffective assistance of counsel, as defense counsel's decision not to call a corroborating witness at trial was a matter of trial strategy.

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