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   State Courts - Delaware - November 22, 2005

  
Anderson v. State, No. 165, 2005, SUPREME COURT OF DELAWARE, November 22, 2005, Decided
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Calpine Corp. v. Bank of N.Y., C.A. No. 1669-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 22, 2005, Decided
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Overview: Corporation's replacements of sale of unextracted natural gas reserves with contracts to buy extracted natural gas were not purchases of designated replacement assets under its secured notes' trust indentures. Extracted gas was delivered under contracts and burned to provide power and was more like expense than longer-term real estate investment.

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Carter v. State, No. 163, 2005, SUPREME COURT OF DELAWARE, November 22, 2005, Decided
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Overview: Where an inmate failed to show that his counsel induced him to plead guilty based on a promise of a maximum length of imprisonment, which was exceeded by the sentencing court, there was no ineffective assistance of counsel shown and his petition for postconviction relief was properly denied.

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Garner v. State, No. 202, 2005, SUPREME COURT OF DELAWARE, November 22, 2005, Decided
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In re O'Brien, No. 530,2005, SUPREME COURT OF DELAWARE, November 22, 2005, Decided
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Ingram v. Messina Mel, Inc., No. 466, 2005, SUPREME COURT OF DELAWARE, November 22, 2005, Decided
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McGuiness v. Bd. of Adjustment of Henlopen Acres, C.A. No. 05A-02-003-ESB, SUPERIOR COURT OF DELAWARE, SUSSEX, November 22, 2005, Decided
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Overview: A zoning officer correctly denied an application for a 6,704 square-foot home because it did not comply with Henlopen Acres, Del., Zoning Code ? 130-19.F, which set a limit of 6,000 square feet. The town board of adjustment correctly agreed with the zoning officer's decision. The board's decision was supported by simple logic and undisputed facts.

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Perkins v. State, No. 560, 2005, SUPREME COURT OF DELAWARE, November 22, 2005, Decided
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Rohn Indus. v. Platinum Equity LLC, C.A. No. 03C-04-134 SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 22, 2005, Decided
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Rohn Indus. v. Platinum Equity, LLC, C.A. No. 03C-04-134SCD, SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 22, 2005, Decided
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Overview: Buyer to an asset purchase agreement, upon a provision therein to terminate the same when it believed in good faith that the agreement could lead to material asbestos liability, properly terminated the same, when despite inaccurate expert advice, it believed it would be at risk of successor liability to asbestos related damages claims.

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