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State Courts -
Delaware - August 26, 2008
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Clark v. State, No. 585, 2007,
SUPREME COURT OF DELAWARE, August 26, 2008, Decided
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Overview: Motion for judgment of acquittal of attempted rape in second degree was properly denied because evidence was sufficient to show that juvenile acted without consent under Del. Code Ann. tit. 11, ? 761(i) when he entered the victim's bedroom uninvited, pushed her against the bed, and got on top of her, although she repeatedly told him to stop.
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Henkel Corp. v. Innovative Brands Holdings, LLC, C.A. No. 3663-VCN,
COURT OF CHANCERY OF DELAWARE, KENT, August 26, 2008, Decided, August 26, 2008, Filed
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Overview: A seller's motion to dismiss a purchaser's counterclaim seeking, inter alia, a declaratory judgment that it was under no obligation to close until all of the closing conditions were satisfied was denied as the issue of when the purchaser had to decide whether to assert or waive its claim that a material adverse effect had occurred remained open.
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In re Drumgo, Nos. 310, 2008, 349, 2008 CONSOLIDATED n11 Because these appeals present common questions of fact and law, we hereby consolidate them sua sponte.,
SUPREME COURT OF DELAWARE, August 26, 2008, Decided
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Overview: Because defendant did not demonstrate that the trial court arbitrarily failed or refused to perform a duty owed to him and never brought his concern to the trial court's attention, and because substitute counsel was appointed, defendant's Del. Const. art. IV, ? 11(6) and Del. Sup. Ct. R. 43 petitions for a writ of mandamus were dismissed as moot.
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Onkeo v. State, No. 182, 2008,
SUPREME COURT OF DELAWARE, August 26, 2008, Decided
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Overview: Because defendant followed a co-worker into a room, placed his hands on her breasts, and thrust his erect penis against her, the evidence was more than sufficient to support defendant's conviction of third-degree unlawful sexual contact under Del. Code Ann. tit. 11, ? 767.
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