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   State Courts - Delaware - November 30, 2005

  
Baumann v. State, No. 392, 2004, SUPREME COURT OF DELAWARE, November 30, 2005, Decided
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Overview: No abuse of discretion resulted from the State's introduction of impeachment evidence of a prior violation of a protection from abuse order and a harassment conviction, as defendant opened the door for contradiction impeachment by his own defense and a limiting instruction ensured that the evidence would not be used to show bad character.

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Berger v. Intelident Solutions, Inc., C.A. No. 1527-N, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 30, 2005, Decided , November 30, 2005, Filed
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Overview: Applying Delaware's six-factor test to determine if litigating in Delaware presented an overwhelming burden, court found that resolution of issues required novel interpretation of Florida law and that all records and witnesses were also in Florida. In this circumstance, forum non conveniens dismissal was warranted.

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Chrin v. Ibrix, Inc., C.A. No. 20587, COURT OF CHANCERY OF DELAWARE, NEW CASTLE, November 30, 2005, Decided , November 30, 2005, Filed
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Overview: Litigant's Del. Ch. Ct. R. 59(f) and 59(e) motions for clarification and reargument, or to alter or amend the court's prior ruling granting dismissal of count XI of his complaint was denied, as he merely restated arguments made in his answering brief in opposition to dismissal, which the court had already considered and rejected.

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Dension v. Redefer, C.A. No. 03C-01-002 (JTV), SUPERIOR COURT OF DELAWARE, SUSSEX, November 30, 2005, Decided
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Overview: Ejectment sought by the lessors was denied, and the lessees' partial summary judgment motion was granted, as the lessors were equitably estopped from forcing the lessees out of their leasehold in a garage, despite the fact that the lessors maintained possession of the detached residence.

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Freeman v. State, No. 237, 2005, SUPREME COURT OF DELAWARE, November 30, 2005, Decided
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Quaker v. Bowers, No. 173, 2005, SUPREME COURT OF DELAWARE, November 30, 2005, Decided
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Reid v. State, No. 247, 2005, SUPREME COURT OF DELAWARE, November 30, 2005, Decided
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Overview: Trial court did not abuse its discretion when balancing Del. R. Evid. 609(d) against Sixth Amendment and Del. Const. art. I, ? 7 by not letting defendant impeach sex offense victim's credibility, versus personal bias, with evidence of third-degree burglary that she committed as a juvenile. Such impeachment was not necessary to fairly decide guilt.

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