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   State Courts - Delaware - July 30, 2001

  
Alban Tractor Co. v. Land Preparation Specialists, C.A. No. 99C-04-004, SUPERIOR COURT OF DELAWARE, SUSSEX, July 30, 2001, Decided
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Overview: Where lessor sued lessee, and later learned lessee's sole shareholder was also sole shareholder of another corporation which was engaged in same line of business, lessor was allowed to amend complaint to add shareholder and other corporation.

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Cross v. State, No. 401, 2000, SUPREME COURT OF DELAWARE, July 30, 2001, Decided
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Daniels v. State, No. 330, 2000, SUPREME COURT OF DELAWARE, July 30, 2001, Decided
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Overview: Appellate review of a sentence generally ended upon determination that the sentence was within the statutory limits prescribed by the legislature. Defendant's sentence was affirmed.

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Filger v. Filger, No. 484, 2000, SUPREME COURT OF DELAWARE, July 30, 2001, Decided
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Overview: The trial court abused its discretion in entering a default judgment terminating a husband's alimony obligations to a wife; a hearing on another issue was scheduled, and the trial judge should have forced the parties to trial on the merits.

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Gibbs v. State, No. 554, 2000, SUPREME COURT OF DELAWARE, July 30, 2001, Decided
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Harvey v. Super Fresh Food Mkts., No. 491, 2000, SUPREME COURT OF DELAWARE, July 30, 2001, Decided
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Overview: The trial court properly denied a customer's motion for a new trial following an adverse jury decision in a negligence action against a supermarket; the trial court properly instructed the jury concerning the issue of proximate causation.

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Henderson v. Div. of Family Servs., No. 33, 2001, SUPREME COURT OF DELAWARE, July 30, 2001, Decided
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In re Webb, No. 308, 2001, SUPREME COURT OF DELAWARE, July 30, 2001, Decided
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Overview: Mandamus writ was only available where there was clear right to performance of duty, no other adequate remedy, and trial court refusal to perform. Writ was not available to correct alleged errors that were subject to ordinary appellate review.

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Nave v. State, No. 152, 2001, SUPREME COURT OF DELAWARE, July 30, 2001, Decided
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Overview: Lower court erred in amending sentence without allowing defendant chance to appear. Delaware statute barred suspension of any part of sentence. Lower court could amend prior sentence to be consistent with original intent and applicable statute.

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State v. Mundy, ID No. 9702002522, SUPERIOR COURT OF DELAWARE, NEW CASTLE, July 30, 2001, Decided
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Overview: Defendant's petition for postconviction relief, following rape, kidnapping, and weapon convictions, was without merit, as defendant had not shown either ineffective assistance of counsel or prejudice, under two-prong Strickland test.

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