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| In re Petition of DeWitt, No. 332, 2006,
SUPREME COURT OF DELAWARE, July 17, 2006, Decided
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Overview: Because an inmate failed to demonstrate an arbitrary failure or refusal to act on his postconviction motion by the Superior Court, his petition for mandamus relief, filed under Del. Const. art. IV, 11(6) and Del. Sup. Ct. R. 43, seeking his immediate release or an appearance before the President Judge, was dismissed.
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| Lorillard Tobacco Co. v. Am. Legacy Found., No. 579, 2005,
SUPREME COURT OF DELAWARE, July 17, 2006, Decided
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Overview: In a contract dispute arising out of a settlement agreement between tobacco companies and state attorneys general, a tobacco company's appeal was without merit because a non-profit corporation's campaign's advertisements seeking to reduce tobacco use among young people did not satisfy the plain meaning of "vilification" or "personal attacks."
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| Marshall v. Nickerson, No. 606, 2005,
SUPREME COURT OF DELAWARE, July 17, 2006, Decided
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Overview: Family court's order modifying a mother's visitation schedule was affirmed because there was ample record support for the decision. Further, to the extent that there was any possible ambiguity in the family court's order, the family court's response to the mother's motion for re-argument removed it.
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| Thompson v. State, No. 551, 2005,
SUPREME COURT OF DELAWARE, July 17, 2006, Decided
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Overview: Defendant's sentence of one year at Level V was affirmed because the sentence was within the statutory limit for a class F felony - three years in prison. Moreover, the trial court explained its reasons for the sentence.
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| Waters v. Div. of Family Servs., No. 498, 2005,
SUPREME COURT OF DELAWARE, July 17, 2006, Decided
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Overview: A father's right to due process was violated by family services agency and family court when his parental rights were terminated under Del. Code Ann. tit. 13, § 1103. He did not abandon his child, and despite Del. Code Ann. tit. 29, § 9003(13), agency made no reasonable effort to unite them but prevented any relationship by refusing him visitation.
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| Wisher v. State, No. 584, 2005,
SUPREME COURT OF DELAWARE, July 17, 2006, Decided
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Overview: Defendant's convictions were affirmed because inconsistencies in an accomplice's testimony did not create an irreconcilable conflict concerning defendant's knowledge and participation in a drug deal. Further, the trial court did not commit plain error by failing to instruct the jury about the inherent limitations in accomplice testimony.
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