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| 395 Assocs., LLC v. New Castle County, Judgment No. 05A-01-013-JRJ,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 28, 2005, Decided
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Overview: Sua sponte, court struck, pursuant to Del. Super. Ct. R. Civ. P. 12(f), those portions of a land use planning appellant's reply brief that referred to a board of review and its counsel in such unprofessional terms as to degrade the tribunal in violation of Del. Law. R. Prof. Conduct 3.5(d).
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| Fields v. State, No. 053, 2004,
SUPREME COURT OF DELAWARE, November 28, 2005, Decided
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Overview: Because witnesses identified defendant as the person who shot the victim and attempted to enter a home during an escape, and because defendant stipulated to possessing a weapon, there was sufficient evidence to find him guilty of weapons violations and burglary under 11 Del. C. §§ 1447A(a), 1448, 825 (2001).
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| Hamilton v. DCSE/Bolden, No. 153, 2005,
SUPREME COURT OF DELAWARE, November 28, 2005, Decided
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Overview: Because a father did not produce proof that a notice of his petition to modify his child support obligations was sent to the mother by certified or registered mail, the Family Court properly declined to make the father's child support obligation retroactive to the date that he filed the modification petition.
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| Jones v. State, No. 442, 2005,
SUPREME COURT OF DELAWARE, November 28, 2005, Decided
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Overview: Because it was clear that defendant was not entitled to a modification or correction of his sentence, as the monetary assessments imposed against him were mandated by statute and could not be suspended, the State's motion to affirm the trial court's order denying him relief was granted.
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| Nave v. State, No. 372, 2005,
SUPREME COURT OF DELAWARE, November 28, 2005, Decided
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| Phillips v. State, No. 195, 2005,
SUPREME COURT OF DELAWARE, November 28, 2005, Decided
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Overview: Because defendant and the victim were of different races, because carjacking was denominated a violent crime, and because defendant used a gun to threaten the victim, Del. Const. art. I, § 7 required the trial court to ask the potential jurors about racial prejudice.
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| State v. Gattis, Cr. I.D. No. 90004576DI,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, November 28, 2005, Decided
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Overview: Claims of counsel ineffectiveness had been conclusively determined under appropriate constitutional standard in original postconviction proceeding, Ring v. Arizona did not retroactively invalidate Del. Code Ann. tit. 11, § 4209 weighing of aggravators and mitigators, and there was no impropriety in judge thanking jurors for service.
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| Watson v. State, No. 116, 2005,
SUPREME COURT OF DELAWARE, November 28, 2005, Decided
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Overview: Because the police conducted a valid traffic stop and defendant was not entitled to privacy with respect to contraband in another person's custody, the trial court properly denied defendant's request to suppress the evidence.
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| Webb v. State, No. 183, 2005,
SUPREME COURT OF DELAWARE, November 28, 2005, Decided
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Overview: Because a trial court's denial of defendant's Del. Super. Ct. R. Crim. P. 61 motion for postconviction relief was based on facts pertinent to defendant's 2000 guilty plea rather than his 1997 guilty plea, the matter was remanded for further proceedings.
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