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   State Courts - Delaware - July 14, 2006

  
Anderson v. R.A. Midway Towing, No. 626, 2005, SUPREME COURT OF DELAWARE, July 14, 2006, Decided
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Overview: Superior court did not have authority to hear an appeal of a non-final order issued from the Delaware Court of Common Pleas because, pursuant to Del. Code Ann. tit. 10, §1326, the superior court only had authority to address final orders. Superior court's decision was vacated and the matter needed to be remanded for a trial.

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Dennison v. State, No. 27, 2006, SUPREME COURT OF DELAWARE, July 14, 2006, Decided
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Overview: Sentence was affirmed to the extent that it imposed a three-year period of incarceration for third-degree attempted burglary because that sentence fell within statutory limits set forth in Del. Code Ann. tit. 11, § 824 and Del. Code Ann. tit. 11, § 4205. Mandatory transition period required under Del. Code Ann. tit. 11,§ 4204 needed to be imposed.

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Felix v. State, No. 14, 2006, SUPREME COURT OF DELAWARE, July 14, 2006, Decided
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Overview: Trial court did not err in accepting defendant's guilty plea to several offenses regarding operation of a motor vehicle and entering judgments of conviction accordingly; he knowingly and voluntarily pled guilty and, thus, waived any alleged errors occurring prior to entry of plea, and he did not show he received ineffective assistance of counsel.

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Graves v. State, No. 117, 2006, SUPREME COURT OF DELAWARE, July 14, 2006, Decided
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Humes v. Charles H. W. Farms, Inc., C.A. No. 05C-08-042 WLW, SUPERIOR COURT OF DELAWARE, KENT, July 14, 2006, Decided
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Overview: Trial court denied beneficiaries' motion to quash subpoenas and their separate motion to quash three subpoenas duces tecum; beneficiaries did not show Del. Super. Ct. R. Civ. P. 45(3)(A) ground for quashing subpoenas directed at them and, pursuant to Del. Super. Ct. R. Civ. P. 26(b)(1), information sought could lead to discoverable information.

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Redding v. State, No. 185, 2006, SUPREME COURT OF DELAWARE, July 14, 2006, Decided
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Overview: State's motion to affirm judgment denying postconviction relief was granted. No double jeopardy violation existed; Del. Code Ann. tit. 11, § 827, allowed a prosecution for both robbery and burglary. Without constitutional violation that undermined criminal trial, interest of justice exception in Del. Super. Ct. R. Crim. P. 61(i)(5) did not apply.

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Simpkins v. State, No. 53, 2006, SUPREME COURT OF DELAWARE, July 14, 2006, Decided
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Overview: Defendant's judgment and conviction and the denial of defendant's motion to reduce his sentence were affirmed because defendant had entered a plea of nolo contendere, pursuant to a plea agreement, to the rape and noncompliance with conditions of bond charges because the superior court had not imposed a sentence beyond the maximum allowed by law.

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Whiteman v. State, No. 192, 2006, SUPREME COURT OF DELAWARE, July 14, 2006, Decided
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Overview: Given that defendant's motion for postconviction relief was untimely and procedurally barred, as two of the issues he raised therein were decided by the Delaware Supreme Court in another appeal, the State's motion to affirm the denial of said motion was granted.

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