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| Congo v. State, No. 150, 2008,
SUPREME COURT OF DELAWARE, August 28, 2008, Decided
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| Constr. Res. Mgmt. v. Littleton, C.A. No. 06L-03-031-RFS,
SUPERIOR COURT OF DELAWARE, SUSSEX, August 28, 2008, Decided
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Overview: Lien statute, Del. Code Ann. tit. 25, ¿ 2702, and definitional statute, Del. Code Ann. tit. 1, ¿ 302, supported the conclusion that a company, such as plaintiff, which furnished labor for the erection of a structure could obtain a mechanics' lien. Moreover, the right to a mechanics' lien was not limited to a "contractor."
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| Harris v. State, No. 125, 2008,
SUPREME COURT OF DELAWARE, August 28, 2008, Decided
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Overview: Defendant's right to a speedy sentencing under the Sixth Amendment was infringed because defendant pleaded guilty to unlawful sexual contact in the first degree on January 3, 2001 but was not scheduled to be sentenced until November 2, 2007, and the record was devoid of any reason why no activity occurred in his case.
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| Haskins v. State, No. 344, 2007,
SUPREME COURT OF DELAWARE, August 28, 2008, Decided
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Overview: Once the Board of Parole determined that defendant had violated the conditions of his release, it had the authority to revoke his parole and good time credits; therefore, defendant was not entitled to mandamus relief.
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| Johnson v. State, No. 50, 2008,
SUPREME COURT OF DELAWARE, August 28, 2008, Decided
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| Jones v. State, No. 511, 2007,
SUPREME COURT OF DELAWARE, August 28, 2008, Decided
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Overview: Because defendant's guilty plea provided a clear benefit, because defendant was not threatened or forced to plead guilty, and was satisfied with his attorney's representation, defendant was bound by the representations made during the plea colloquy; therefore, his Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was properly denied.
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| Lesser v. Newton, No. 574, 2007,
SUPREME COURT OF DELAWARE, August 28, 2008, Decided
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Overview: Because a father was notified that there was no underlying custody petition supporting his petition for a tax deduction and that the deficiency had to be corrected, the Family Court properly denied the father's petition for his failure, after notice, to follow the Family Court's procedures.
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| Marshall v. Priceline.com Inc., C.A. No. 05C-02-195 WCC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 28, 2008, Decided
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Overview: Customers' motion for leave to amend their complaint pursuant to Del. Super. Ct. R. Civ. P. 15(a) was denied because counsel's arguments as to sufficiency of amendment were without factual support, and fairness required court to grant the motion and allow the parties to undertake reasonable discovery to generate support for their positions.
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| NorKei Ventures, LLC v. Butler-Gordon, Inc., C.A. No. 07C-04-623 JAP,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 28, 2008, Decided
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Overview: Owner's summary judgment motion was denied in its case against a tenant seeking rent arrears under a lease because tenant presented evidence that the owner's rejection of two potential replacement lessees was unreasonable, and therefore established that there was a genuine issue of material fact as to whether the owner mitigated its damages.
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