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| Aizupitis v. State, No. 149, 2007,
SUPREME COURT OF DELAWARE, August 20, 2007, Decided
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Overview: Appellant was not entitled to a writ of habeas corpus under Del. Code Ann. tit. 10, § 6902 because he had been found guilty but mentally ill of, inter alia, first degree murder and, thus, his commitment to a state psychiatric center was valid on its face under Del. Code Ann. tit. 11, § 408(b).
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| Bowers v. State, No. 666, 2006,
SUPREME COURT OF DELAWARE, August 20, 2007, Decided
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Overview: Despite mistakenly treating his Del. Super. Ct. R. Crim. P. 35 motion as a sentence modification motion under subsection (b) of the rule, the appeals court nevertheless upheld the denial of said motion, as defendant waived any double jeopardy claim by pleading guilty, and his double jeopardy argument as it pertained to his sentencing lacked merit.
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| Clark v. Wright, No. 130, 2007,
SUPREME COURT OF DELAWARE, August 20, 2007, Decided
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Overview: Award of primary residential custody to father was supported by fact that close and tender relationship existed among father, grandmother, great grandmother, and child, child integrated into father's home and extended family well, and child was evidently happy and doing well in daycare. Placement with mother would have meant move and new daycare.
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| Handloff v. City Council of Newark, No. 438, 2006,
SUPREME COURT OF DELAWARE, August 20, 2007, Decided
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Overview: City council did not improperly reject real estate developers' application for approval of a major subdivision of a two-story addition containing apartment units because the council did not act arbitrarily or capriciously as it denied the application after due consideration of the insufficient parking facilities for the proposed project.
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| McCleaf v. State, No. 167, 2007,
SUPREME COURT OF DELAWARE, August 20, 2007, Decided
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Overview: Because defendant's motion for correction of a sentence imposed in an illegal manner was filed nearly seven years after his sentence, it was clearly untimely filed. Hence, despite defendant's claim that the motion was for the correction of an illegal sentence, the superior court did not err in denying the same.
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| Baine v. State, No. 670, 2006,
SUPREME COURT OF DELAWARE, August 21, 2007, Decided
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Overview: Because the evidence was sufficient to support defendant's assault convictions, the trial court's statement that defendant would have to receive justice from the state supreme court did not suggest that the trial court acted with a closed mind at sentencing.
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| Graham v. State, No. 43, 2007,
SUPREME COURT OF DELAWARE, August 21, 2007, Decided
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Overview: Any error the trial court committed in admitting evidence that defendant was smoking crack cocaine on night of alleged burglary was harmless; although Getz analysis for admitting such evidence under Del. R. Evid. 404(b) should have preceded admission of any other crimes evidence, trial court still applied Getz factors after evidence was admitted.
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| Porter v. DCSE/Smith, No. 170, 2007,
SUPREME COURT OF DELAWARE, August 21, 2007, Decided
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| Delhaize Am., Inc. v. Barkas, C.A. No. 07A-01-002-ESB,
SUPERIOR COURT OF DELAWARE, SUSSEX, August 22, 2007, Decided
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