Supreme Court of Delaware - January 2003 Opinion Summaries

MIDDLEBROOK v. STATE OF DELAWARE

Criminal Law & Procedure, Evidence
Though trial counsel provided ineffective assistance in disregarding petitioner's instruction to file a direct appeal after sentencing, a new trial...

GARDEN v. STATE OF DELAWARE

Criminal Law & Procedure, Sentencing
Murder and robbery convictions are affirmed but death sentence is reversed, where the trial judge erred in his consideration of the weight to be given...

BRICE v. STATE OF DELAWARE

Constitutional Law, Criminal Law & Procedure, Sentencing
Amendments to Delaware's death penalty statute in light of Ring v. Arizona, 122 S.Ct. 2428 (2002), were procedural and do not violate ex post facto...

CHAVIN v. PNC BANK, DELAWARE

Probate, Trusts & Estates
In a dispute over the word "then" as used in a trust provision, in order to give effect to the settlor's intent the trust must be construed as meaning...

DELAWARE STATE UNIV. CHAPTER OF THE AM. ASS'N OF UNIV. PROFESSORS v. DELAWARE STATE UNIV.

Contracts, Dispute Resolution & Arbitration, Education Law, Labor & Employment Law
The state Public Employee Relations Board should defer to the grievance and arbitration procedures pursuant to the parties' collective bargaining...

MM COS., INC. v. LIQUID AUDIO, INC.

Corporation & Enterprise Law, Securities Law
A judgment permitting an incumbent board of directors to adopt defense measures which changed the size and composition of a board's membership is...

MACDONALD v. STATE OF DELAWARE

Criminal Law & Procedure, Evidence
A first-degree murder defendant was not entitled to a new trial, where 1) the prosecutor's questions as to defendant's statements to the police did...