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   State Courts - Delaware - August 15 - August 17, 2007

  
Alston v. DOJ, Victim/Witness Serv., No. 631, 2006, SUPREME COURT OF DELAWARE, August 15, 2007, Decided
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Boyd v. State, No. 98, 2007, SUPREME COURT OF DELAWARE, August 15, 2007, Decided
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Overview: Inmate was not entitled to a writ of habeas corpus under Del. Code Ann. tit. 10, § 6902 because his one-year sentence at Level V incarceration for a second violation of probation implicitly accounted for the 143 days already served as the inmate had more than one year remaining on his original four-year term at Level V incarceration.

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Brown v. USDA, No. 498, 2006, SUPREME COURT OF DELAWARE, August 15, 2007, Decided
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Hynansky v. 1492 Hospitality Group, C.A. No. 06C-03-200-JEB, SUPERIOR COURT OF DELAWARE, August 15, 2007, Decided
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Overview: Because a lender's complaint did not allege unjust enrichment, rather it stated a claim to recover the value of services a lender allegedly provided to a company and debtor in quantum meruit, the parties could establish damages by expert testimony as to the manner in which compensation was determined for the type of services provided by the lender.

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In re Estep, No. 647, 2006, SUPREME COURT OF DELAWARE, August 15, 2007, Decided
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Overview: Nonlawyer's conduct in drafting wills and trusts or estate-related documents after the nonlawyer met with multiple clients to discuss estate planning, and using lawyers to make sure that the material drafted conformed to the law, violated the state supreme court's order that the nonlawyer cease and desist from the unauthorized practice of law.

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Tatum v. Yost, No. 399, 2006, SUPREME COURT OF DELAWARE, August 15, 2007, Decided
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Overview: Trial court's order modifying custody was improper because the trial court failed to consider the best interests standard of Del. Code Ann. tit. 13, § 722. The trial court was required make a best interests determination even though the father was in default of the hearing on the mother's motion to modify custody.

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Vickers v. Ayers, C.A. No.: 2005-11-121, COURT OF COMMON PLEAS OF DELAWARE, NEW CASTLE, August 15, 2007, Decided
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Overview: Judgment was entered for sellers as they did not sign addendum requiring them to release contingencies or declare contract null and void within 48 hours of being advised of another offer. Sellers correctly concluded that offer to provide property was being withdrawn since 48-hour period given them by buyer was not sufficient time to perform.

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White v. State, No. 111, 2007, SUPREME COURT OF DELAWARE, August 15, 2007, Decided
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Overview: Because defendant knowingly used an apartment to keep marijuana next to his side of the bed, he constructively possessed the drug; the possession conviction was not a lesser-included offense of maintaining a dwelling because, pursuant to Del. Code Ann. tit. 16, §§ 4754(b), 4755(a)(5), the offenses were dissimilar and punished different behaviors.

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Abdi v. NVR, Inc., C.A. No. 04C-08-028-PLA, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 17, 2007, Decided
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