Delaware, August, 2003, State Case law

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State Courts - Delaware - August 5 - August 11, 2003

Blank Rome, L.L.P. v. Vendel, C.A. No. 19355, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 5, 2003, Decided
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Overview: Delaware arbitrator did not exceed scope of authority under arbitration agreement or case law in determining that most fees sought by law firm for its attorney's involvement in a complex and physically dangerous litigation were reasonable.

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Cave v. New Castle County Council, C.A. NO. 02A-11-006 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 5, 2003, Decided
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Overview: Certiorari review of Delaware county council's land use decisions by court of general jurisdiction was limited to the administrative record; therefore, there was no point in reargument regarding an action taken in compliance with governing law.

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State v. Queen, ID # 0303007988, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 5, 2003, Decided
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Overview: Police had a reasonable basis for stopping defendant after a person they knew reported suspected drug activity outside a bar, and they had probable cause to arrest him when they saw him emptying glassine bags from his pockets onto the ground.

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Joyner v. State, Cr. ID No. 0202014548, SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 6, 2003, Decided
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Overview: The court determined that defendant made a knowing and voluntary decision to represent himself on appeal, as defendant was an intelligent man and understood the consequences of his decision to represent himself on appeal.

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State v. Reed, Def. ID # 0101023931, SUPERIOR COURT OF DELAWARE, SUSSEX, August 6, 2003, Decided
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Overview: Motion for postconviction relief was denied, as defendant failed to substantiate his ineffective assistance of counsel claims with specific evidence that but for the claimed ineffectiveness in failing to further investigate, meet with witnesses, file a motion to suppress, and test physical evidence, the outcome of the trial would have changed.

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Hynansky v. Vietri, C.A. No. 14645-NC, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, August 7, 2003, Decided
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Overview: The parties' cross-motions for summary judgment in an action concerning amounts allegedly owed in a failed commercial venture were denied; the court was unable to determine at this stage whether a partnership existed between the parties.

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State v. Baker, ID # 0302013230, ID # 0303000975, SUPERIOR COURT OF DELAWARE, SUSSEX, August 7, 2003, Decided
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Overview: Where a nursing home resident was able to distinguish between truth and falsity and had some personal knowledge of the matter, she was competent to testify; the jury would determine her credibility at trial.

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Elliott v. State, No. 202, 2003, SUPREME COURT OF DELAWARE, August 11, 2003, Decided
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Overview: Defendant had his claim that he pled guilty due to effective assistance of counsel adjudicated when he attempted to withdraw his guilty plea during trial, and the trial court properly refused to review same claim on motion for postconviction relief.

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Revel v. State, No. 273, 2003, SUPREME COURT OF DELAWARE, August 11, 2003, Decided
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Overview: Record showed that defendant served only 10 months of his two-year sentence for burglary and, as a result, eight-month sentence imposed by trial court after defendant violated probation was within time remaining on his sentence and was proper.

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Seltzer v. Div. of Family Servs., No. 108, 2003, SUPREME COURT OF DELAWARE, August 11, 2003, Decided
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