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State Courts -
Delaware - September 5 - September 8, 2008
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State v. Gibson, ID # 0602015743,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 5, 2008, Submitted, September 5, 2008, Bench Ruling Issued; September 8, 2008, Written Decision
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State v. Johnson, CRIMINAL ACTION NUMBERS IN-06-11-1874, 06-11-1875, 06-11-1876 and IN-06-11-2590, 06-11-2591, 06-11-2592, 06-11-2593, 06-11-2594,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 5, 2008, Decided
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Overview: Regarding Del. Code Ann. tit. 11, ? 4209(d)(1), the court found by preponderance of the evidence, after weighing all relevant evidence in aggravation or mitigation, that aggravating circumstances it found to exist outweighed the mitigating circumstances. Therefore, the appropriate sentence as to the charge of murder in the first degree was death.
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White v. State, No. 329, 2007,
SUPREME COURT OF DELAWARE, September 5, 2008, Decided
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Overview: Because defendant provoked the use of force by the perpetrator of a robbery by shooting at him before he ran behind some buildings and started shooting, pursuant to Del. Code Ann. tit. 11, ? 464(e)(1), a jury instruction on the defense of justification was not available under Del. Code Ann. tit. 11, ? 303(a).
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Berger v. Pubco Corp., Civil Action No. 3414-CC,
COURT OF CHANCERY OF DELAWARE, SUSSEX, September 8, 2008, Decided
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Overview: Legal fees award of $ 600,000 was appropriate in suit challenging cash payment owed for stock as a result of a merger because the litigation conferred a substantial benefit of heightened disclosure and quasi-appraisal, and, inter alia, while the litigation was not overly complex or novel, the litigation was resolved by summary judgment motion.
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Capano Homes, Inc. v. Syed, C.A. No. 07C-07-004 JAP,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 8, 2008, Decided
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Overview: Home buyers' reasons for not paying for the home that they ordered, i.e., the width of the garage entrance was one foot short and the stone veneer was not as specified, were insufficient to excuse their nonpayment, and partial summary judgment was entered in favor of the seller for breach of contract.
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State v. Hall, I.D. No. 0803025184,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, September 8, 2008, Decided
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Overview: Primary information that linked defendant's apartment with the crime for which his brother was being investigated was his brother. Information provided by the unidentified witness was merely corroborative. With reference to Del. Const. art. 1, 6, affidavit, on its face, contained sufficient evidence to find probable cause for search of apartment.
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