Delaware, August, 2008, State Case law

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State Courts - Delaware - August 27, 2008

Abbott v. Gordon, No. 207, 2008, SUPREME COURT OF DELAWARE, August 27, 2008, Submitted, August 27, 2008, Decided
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Charter Oak Fire Ins. Co. v. McClafferty Printing Co., C.A. No. 05C-08-040 WCC, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 27, 2008, Decided
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Overview: Agency agreement provisions pertaining to arbitration between insurance company and local insurance agency did not permit arbitration of claim assigned by printing company to insurance company; printing company's claim was for negligence in local insurance agency's procurement of insurance for it and did not involve agency agreement provisions.

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Deiter v. DeFelice, C.A. No. 06C-09-003-ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, August 27, 2008, Decided
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Overview: Because a girlfriend would not have borrowed money to purchase a manufactured home and place it on the father's property unless he had told her that he would convey it to her and his son, the girlfriend and the son should be co-owners of the property; thus, the father lacked standing to remove the girlfriend and the home from the property.

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State v. Miller, ID No. 0607013529, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 27, 2008, Decided
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Overview: Because defendant never raised the issue of coercion or threats relating to his acceptance of a plea offer in a prior appeal, and because defendant never demonstrated a substantial likelihood that the outcome would have been different had the issue been raised, pursuant to Del. Super. Ct. R. Crim. P. 61(i)(3), his claim was procedurally defaulted.

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State v. Wright, CR.A.NOS.: IN00-11-1484-RI, IN00-11-1485-RI, IN00-11-1486-RI., SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 27, 2008, Decided
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Overview: Defendant's motion to compel disclosure of grand jury proceedings was denied because, although defendant claimed a need to review the proceedings to ensure that there was sufficient evidence to indict him with conspiracy, the State dropped this charge before trial. Defendant's sole motivation was to uncover identity of witnesses against him.

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