Delaware, August, 2003, State Case law

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State Courts - Delaware - August 4, 2003

Anglo Am. Sec. Fund, L.P. v. S.R. Global Int'l Fund, L.P., C.A. No. 20066-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 4, 2003, Decided
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Overview: Where a general partner of a limited partnership investment fund withdrew monies from fund, direct claims made by limited partners that had subsequently withdrawn from fund were permitted, as they were the ones directly injured by alleged actions.

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Barnhart v. State, No. 219, 2003, SUPREME COURT OF DELAWARE, August 4, 2003, Decided
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Overview: Defendant's conviction on an assault charge was affirmed because the appellate brief filed by defense counsel confirmed that there was no meritorious basis for an appeal.

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Bass v. State, No. 272, 2003, SUPREME COURT OF DELAWARE, August 4, 2003, Decided
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Boyer v. State, No. 418, 2002, SUPREME COURT OF DELAWARE, August 4, 2003, Decided
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Overview: The superior court judge did not err in denying defendant's motion to correct his sentence because defendant's sentence neither exceeded the statutory maximum, nor violated defendant's constitutional double jeopardy protection.

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Brown v. State, No. 83, 2003, SUPREME COURT OF DELAWARE, August 4, 2003, Decided
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Overview: Defendant's conviction of violating his probation was affirmed, and appellate counsel's motion to withdraw was held to be moot; the state supreme court held that the appeal was wholly without merit and devoid of any arguably appealable issue.

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Foreman v. State, No. 36, 2003, SUPREME COURT OF DELAWARE, August 4, 2003, Decided
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Overview: Motion for post-conviction relief was properly dismissed because it was filed more than three years after appellant's drug charge conviction and there was no showing that the trial court lacked jurisdiction or that there was a constitutional claim.

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Great Am. Assur. Co. v. Fisher Controls Int'l, Inc., C.A. No. 02C-05-168 JRS, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 4, 2003, Decided
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Overview: Although anti-subrogation rule prohibited insurer from directly suing third-party defendant, an "insured," for its role in causing a fire, the rule did not preclude claims by third-party plaintiffs for contribution against the third-party defendant.

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Hurst v. State, No. 139, 2003, SUPREME COURT OF DELAWARE, August 4, 2003, Decided
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Overview: Where neither the prison sentence nor fines met jurisdictional threshold, dismissal of defendant's appeal was affirmed. Certiorari was not a device to circumvent the appellate jurisdictional requisites established by the Delaware Constitution.

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In re Land, No. 205, 2003, SUPREME COURT OF DELAWARE, August 4, 2003, Decided
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Layton v. State, No. 74, 2003, SUPREME COURT OF DELAWARE, August 4, 2003, Decided
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Overview: Defendant was properly convicted of first-degree rape rather than sexual extortion where he caused one child to have oral sex with another child, the victim. Victim testimony that defendant possessed and used a purple dildo was admissible.

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