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   State Courts - Delaware - August 2, 2004
  
Goodman v. Bmw Fin. Servs. Na, No. 416, 2003, SUPREME COURT OF DELAWARE, August 2, 2004, Decided
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Overview: State's seizing car under social services law court order did not necessarily mean a "seizure" default under installment agreement; dismissal of owners' suit against lender was error as it was not necessarily entitled to retain possession of car.

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In re Gull Point v. Utility Sys., C.A. No. OOC-09-038-RFS, SUPERIOR COURT OF DELAWARE, August 2, 2004, Decided
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Overview: A condominium association's agreement with a utility company, providing for sewage disposal and for renewal of the agreement every 20 years, did not violate the rule against perpetuities.

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Jacobs v. Yang, C.A. No. 206-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 2, 2004, Decided
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Overview: In a derivative action, defendants' motion to dismiss was granted because the shareholder failed to make a demand on the corporation's board and a majority of the board's directors were independent and disinterested.

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Loppert v. Windsor Tech, Inc., Civil Action No. 441-N, COURT OF CHANCERY OF DELAWARE, SUSSEX, August 2, 2004, Decided , August 2, 2004, Filed
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Reese v. State, No. 264, 2004, SUPREME COURT OF DELAWARE, August 2, 2004, Decided
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Shockley v. State, No. 600, 2003, SUPREME COURT OF DELAWARE, August 2, 2004, Decided
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Overview: Defendant's convictions of attempted burglary in the third degree, possession of burglar's tools and criminal mischief were affirmed; store manager's testimony defendant had a screwdriver and flashlight was sufficient evidence he had burglar's tool.

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State v. Trump, ID # 9703005786, SUPERIOR COURT OF DELAWARE, NEW CASTLE COUNTY, August 2, 2004, Decided
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Overview: Defendant did not show that there was a colorable claim that there was a miscarriage of justice because of a constitutional violation that undermined the fundamental legality or integrity of the proceedings leading to the conviction.

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White v. State, No. 40, 2004, SUPREME COURT OF DELAWARE, August 2, 2004, Decided
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Overview: Highest court affirmed summary dismissal of defendant's postconviction relief claim because he did not substantiate prejudice for his claim that his counsel was ineffective for not conducting greater cross-examination of State's witness.

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White v. State Farm Mut. Auto. Ins. Co., C.A. No. 02C-08-031 HDR, SUPERIOR COURT OF DELAWARE, KENT, August 2, 2004, Decided
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Overview: An additur to the zero damages award in the amount of $ 3,000 was appropriate because the injured party sustained a contusion to her knee that required treatment from an orthopedic surgeon and concurrent therapy for six weeks.

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