Delaware, July, 2002, State Case law

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State Courts - Delaware - July 30, 2002

Davis v. St. Francis Hosp., C.A. No. 00C-06-045-JRJ, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2002, Bench Ruling; Written Decision October 17, 2002
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Overview: In wrongful death suit alleging medical malpractice and hospital's negligent credentialing of a treating physician, absence of expert testimony showing that negligent credentialing was proximate cause of death required summary judgment on that claim.

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In re Epperson, No. 283, 2002, SUPREME COURT OF DELAWARE, July 30, 2002, Decided
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Kulp v. Timmons, C.A. No. 1946-S, COURT OF CHANCERY OF DELAWARE, SUSSEX, July 30, 2002, Decided
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Overview: A spendthrift trust was void ab initio under Delaware statutory and common law where the beneficiary and the settlor were the same person and the only purpose of the trust was to avoid the just claims of creditors.

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Lowe's Home Ctrs. v. Sussex County Planning & Zoning Comm'n, C.A. No. 99C-07-014, SUPERIOR COURT OF DELAWARE, SUSSEX, July 30, 2002, Decided
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Overview: Retailer's due process rights were not violated when zoning commission did not allow retailer's comment before denying its site plan. Contrary to retailer's claim, commission did not add opponents' letters to record; it found them irrelevant.

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Scalia v. Bd. of Adjustment, C.A. No. 01A-10-002-WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2002, Decided
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Overview: Board of Adjustment of New Castle County (Delaware) properly applied exceptional practical difficulty test in denying height variance; landowner's wish to add second garage floor for added storage space did not show exceptional practical difficulty.

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State v. Brown, ID No. 9705011656, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2002, Decided
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Overview: Defendant's postconviction allegations against counsel did not satisfy the Strickland test; counsel's decisions were effective trial strategy, the evidence of guilt was overwhelming, and defendant did not heed counsel's warnings.

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State v. Jeter, I.D. No. 0102019547, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2002, Decided
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Overview: The newly discovered evidence offered by defendant in support of her motion for a new trial was insufficient to justify granting the motion. It was offered for impeachment purposes only, which was insufficient to support a grant of a new trial.

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State v. Masten, I.D. Nos. 0107004031 & 0107019620, SUPERIOR COURT OF DELAWARE, July 30, 2002, Decided
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State v. Talmo, ID No.9605006506, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2002, Decided
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Overview: Defendant proffered no evidence or factual support demonstrating how counsel's alleged errors were so serious as to deprive him of a fair trial or which would have made the result of his trial unreliable. He failed to show counsel was ineffective.

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Wingate v. Div. of Family Servs., Nos. 85, 2002, 93, 2002, SUPREME COURT OF DELAWARE, July 30, 2002, Decided
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