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   State Courts - Delaware - August 14, 2007

  
Biggins v. State, No. 263, 2007, SUPREME COURT OF DELAWARE, August 14, 2007, Decided
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Overview: Inmate was not entitled to habeas corpus relief under Del. Code Ann. tit. 10, ? 6902(1) because his claim that he was improperly transferred to administrative segregation after a misconduct report was an issue related solely to prison management and/or classification decisions, which were improper subject matter for a habeas corpus petition.

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Howard v. State, No. 114, 2007, SUPREME COURT OF DELAWARE, August 14, 2007, Decided
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Overview: Defendant's car's investigative stop was proper because police saw his traffic violations and had probable cause to think he was engaged in drug activity given a reliable informant's report and their own investigation, and a 40 minute detention was reasonably related to the stop's scope and did not exceed a two hour limit in 11 Del. C. ? 1902(c).

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Machurek v. Wilson, C.A. No.: 2006-12-467, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, August 14, 2007, Decided
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Overview: Because a former girlfriend declined an offer to accept an ex-boyfriend's attempt to renew their engagement, the engagement ring was not a gift. Thus, the boyfriend, as the donor, was entitled to the engagement ring, or its value, as the girlfriend refused to accept his offer for reinstating the engagement.

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Mercier v. Inter-Tel, C.A. No. 2226-VCS, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 14, 2007, Decided
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Poteat v. State, No. 145, 2007, SUPREME COURT OF DELAWARE, August 14, 2007, Decided
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Overview: Because the police reasonably suspected that defendant might have a weapon, and because he was not compelled to appear at trial in prison clothing, counsel was not ineffective for failing to move to suppress the cocaine that ended up in plain view; defendant's Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was properly denied.

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State v. Hare, I.D.No. 0502014185, SUPERIOR COURT OF DELAWARE, August 14, 2007, Decided
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Overview: Motion for postconviction relief was dismissed as defense counsel did not provide ineffective assistance of counsel by failing to obtain transcript of 911 call. Police did not have reason to lie about inmate's coat. Description based on 911 call stated robber was "heavy set white man wearing a tan coat," which fit inmate.

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Trenwick Am. Litig. Trust v. Billett, No. 495, 2006, SUPREME COURT OF DELAWARE, August 14, 2007, Decided
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Webb v. State, No. 185, 2007, SUPREME COURT OF DELAWARE, August 14, 2007, Decided
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Overview: Inmate was not entitled to a writ of habeas corpus under Del. Code Ann. tit. 10, ? 6902. His commitment was valid on its face, and his claims that his original sentence was illegal because it did not comply with the terms of his plea agreement and was the result of ineffective assistance of counsel could not be reviewed on a writ of habeas corpus.

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