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   State Courts - Delaware - July 29 - July 31, 2003

  
Denston v. Faulconer, No. 316, 2003, SUPREME COURT OF DELAWARE, July 29, 2003, Decided
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King v. Pathmark, C.A. No. 02A-11-009 CHT, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 29, 2003, Decided
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Overview: In an unemployment compensation case, a former employee did not have good cause to quit his job, where employee, frustrated with lack of help from employer in seeking treatment for his addictions, quit his job and entered rehabilitation program.

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Stewart v. State, No. 173, 2003, SUPREME COURT OF DELAWARE, July 29, 2003, Decided
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Overview: Defendant's DUI conviction was affirmed where, inter alia, his claim of a defective indictment was procedurally barred because defendant never objected to the defect in the indictment and pled guilty to the third DUI charge.

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State v. Washington, I.D. # 9603000529, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2003, Decided
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Overview: Defendant's claims in a second postconviction relief motion were subject to former adjudication bar unless reconsideration was warranted in "interest of justice," which was narrow and required showing that court lacked authority to convict or punish.

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Weiss v. Del. Dep't of Health & Soc. Servs., C.A. No. 02A-12-003 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2003, Decided
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Overview: A discharge of an employee by the Delaware Department of Health and Social Services was upheld by the Merit Employee Relations Board where there was substantial evidence of travel log falsification and noncompliance with the rules of the job.

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In re Anker, No. 374, 2003, SUPREME COURT OF DELAWARE, July 31, 2003, Submitted , July 31, 2003, Decided
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Mentor Graphics Corp. v. Tera Sys., No. 377, 2003, SUPREME COURT OF DELAWARE, July 31, 2003, Submitted , July 31, 2003, Decided
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Oldham v. Taylor, C.A. No. 18800-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, July 31, 2003, Decided
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Overview: A partition sale was ordered of a residential property which was owned, one-half by each party, wherein the court found that such a remedy was feasible and necessary in the circumstances, and a partition in kind would not work due to the size.

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Robinson v. Automodular Assemblies, C.A. No. 02A-07-011 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2003, Decided
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Overview: Where employer and injured employee agreed to compensation, the employer, in subsequent petition to terminate disability benefits, should only have had to address disabilities agreed to or found by the industrial accident board, and not a new injury.

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State ex rel. Brady v. Wellington Homes, Inc., C.A. No. 99C-09-168-JTV, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 31, 2003, Decided
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Overview: Trial court denied consumer fraud civil penalty defendants' motion for state attorney general to produce its special investigator's investigative files; files were privileged work product, privilege was not waived, and hardship was not shown.

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