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| State Farm Mut. Auto. Ins. Co. v. O'Neal, C.A. No. 06C-09-218 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 29, 2008, Decided
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Overview: Because a decedent's use of her employer's van when she was in a highly intoxicated state from alcohol and drugs constituted a major deviation from the scope of permission, insurers were not obligated to provide coverage under the omnibus provision, governed by Del. Code Ann. tit. 21, ¿ 2902, contained in the insurance policy on the van.
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| State v. Dollard, I.D. # 0604003788,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 29, 2008, Decided
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Overview: Because defendant did not establish that counsel's performance in negotiating a favorable plea bargain that necessitated the dismissal of a motion to suppress fell below an objective standard of reasonableness, he was not entitled to postconviction relief under Del. Super. Ct. R. Crim. P. 61.
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| State v. Guy, ID No. 0107017041,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 29, 2008, Decided
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Overview: Defendant was not entitled to relief on his claim that appellate counsel was ineffective for failing to raise on appeal the issue of the trial court's curative instruction to the jury about ignoring the contents of the officer's report because counsel acted reasonably in choosing to raise on appeal only issues they found to be meritorious.
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| State v. Johnson, ID#: 9606009907,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 29, 2008, Decided
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Overview: Because defendant lacked standing, his claims could have been presented in his first motion for postconviction relief, his second motion for postconviction relief was untimely, and he showed neither cause nor prejudice, pursuant to Del. Super. Ct. R. Crim. P. 61(i)(1), (2), (3), his second motion for postconviction relief was summarily dismissed.
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| Stenta v. GMC, C.A. No.: 05C-03-328 RRC,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, August 29, 2008, Decided
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Overview: Because there was no meeting of the minds between the parties as to the meaning of the provisions contained in the documents, the court held that both the Settlement Agreement and Stipulation were unenforceable. Because the purchaser's motion for enhanced liability was premised upon the enforceability of those documents, his motion was denied.
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