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| Gilani v. Bd. of Adjustment, CIVIL ACTION NUMBER 00A-07-009-JOH,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 27, 2001, Decided
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Overview: Although court looked unfavorably upon those who violated local code and then sought variance, granting of variance was upheld under specific facts of unique case where deck extended four feet too far into an otherwise unusable backyard.
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| In re Foster, No. 281, 2001,
SUPREME COURT OF DELAWARE, July 27, 2001, Decided
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Overview: Since the supreme court's original jurisdiction to issue a writ of mandamus did not include the warden of a multi-purpose criminal justice facility, who was a prison official, defendant's petition was dismissed.
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| MacDonald v. State, No. 220, 2000,
SUPREME COURT OF DELAWARE, July 27, 2001, Decided
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Overview: Since defense counsel, who had recommended defendant's solitary confinement, was ineffective in representing defendant at the time of his guilty plea, the plea was not voluntary or informed.
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| Manley v. Assocs. in Obstetrics & Gynecology, P.A., CIVIL ACTION NUMBER 00C-06-049-JOH,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 27, 2001, Decided
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Overview: Physician was granted final two of four installment payments from her former employer, as the parties' contract was unambiguous and was the complete agreement between them.
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| McCluskey v. State, No. 1, 2001,
SUPREME COURT OF DELAWARE, July 27, 2001, Decided
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Overview: Claims not briefed were deemed waived on appeal. Claims of error not raised in earlier direct appeal were barred as defendant did not allege cause for failure to raise claims nor did he demonstrate prejudice as result of alleged errors.
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| State v. Grace, IK00-11-0158,
SUPERIOR COURT OF DELAWARE, KENT, July 27, 2001, Decided
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Overview: Indictment for "third" DUI, within five years, was dismissed where defendant had already been tried, convicted, and sentenced on same charge, as second DUI, and where date of commission of offense was more than five years after first offense.
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| State v. Parsons, ID # 9910006715,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 27, 2001, Decided
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Overview: Commissioner's recommendation regarding restitution for family of minor who was victim of defendant's criminal behavior was adopted. It was reasonable to assess any hourly wages lost by minor's parents on day of preliminary hearing.
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