Delaware State Supreme Court

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The Delaware Supreme Court has decided to hear an appeal against a former death row inmate by prosecutors.

They say a judge made a mistake in not allowing a videotaped confession by Jermaine Wright in the 1991 murder of liquor store clerk.

That confession had been the key piece of evidence that led to his death sentence but was suppressed by a judge earlier this year.

That decision allowed Wright to go free.

The Wilmington News Journal reports that at issue is whether he was read his Miranda rights and that he was on heroin.

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DOVER, Del. (AP) - The state Senate has passed a measure prohibiting publicly traded corporations from enacting bylaws that force shareholders to pay legal fees if they challenge the company in court and lose.

The measure passed on a 16-to-5 vote Tuesday and now goes to the House. The bill pits shareholder rights advocates against business groups who argue fee-hungry lawyers are filing frivolous lawsuits challenging almost every major corporate merger and acquisition.

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DOVER, Del. (AP) - The Delaware Senate is set to vote on Gov. Jack Markell's nominations to fill vacancies on the state Supreme Court and Superior Court.

The Senate Executive Committee meets Wednesday to consider Collins Seitz Jr. for the Supreme Court seat vacated by retired Justice Henry DuPont Ridgely. Lawmakers also will consider Jeffrey Clark, a Kent County lawyer, state Public Service Commission member, and former state Senate attorney, for a Superior Court judgeship.

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MIDDLETOWN, Del. (AP) - Delaware's Supreme Court has ruled that the state's Department of Transportation must pay legal and other fees for a Middletown couple who successfully challenged an attempt to condemn their property for a highway project.

The state's high court found Wednesday that state law "clearly contemplates" that the reimbursement rule applies to reasonable attorney, appraisal and engineering fees incurred in a condemnation challenge.

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DOVER, Del. (AP) - The Delaware Supreme Court is weighing another appeal by a man sentenced to death for a 1991 liquor store killing.

The justices heard arguments Wednesday in the case of Jermaine Wright, who was convicted of killing 65-year-old Phillip Seifert, a clerk at the Hi-Way Inn liquor store and bar outside Wilmington.

The Supreme Court last year overturned a Superior Court judge's 2012 ruling tossing out Wright's conviction and death sentence.

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The award by Delaware’s Chancery Court was $2 billion with an equally unprecedented $304 million in attorney’s fees for the plaintiffs.

That’s $35-thousand an hour for those lawyers.

The judgment was upheld by the state Supreme Court on a 4-to-1 vote in the suit filed by Southern Copper shareholders against Grupo Mexico SAB. 

That firm was accused of directing its subsidiary Southern Copper to acquire a third mining company for an over-inflated price.

That led to the suit by the shareholders of Southern Copper.

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DOVER, Del. (AP) - Lawyers for a taxi driver sentenced to death for the fatal stabbing of a 78-year-old Sussex County woman are asking the state Supreme Court to grant him a new penalty hearing.

An attorney for 54-year-old Leslie Small argued Wednesday that prosecutors improperly suggested at his trial that defense lawyers were simply making excuses for his behavior. Small's attorneys presented mitigating factors about his troubled childhood and substance abuse.

DOVER, Del. (AP) - The Delaware Supreme Court is set to hear the appeal of a former pediatrician serving life in prison for sexually abusing scores of patients over more than a decade.

Attorneys for Earl Bradley are scheduled to make their argument before the court Wednesday.

The attorneys say a 2009 search of Bradley's former office complex in Lewes in which state police found videotape evidence was unconstitutional.

 

             A mistrial has been declared in the First Degree murder case against Allen Taylor who is being retried for the 2008 fatal shooting of an 18 year old in Wilmington.

            The jury deadlocked in the case yesterday afternoon and was dismissed by the judge.

            The exact split within the jury panel is not known.

            The 39 year old Taylor had been convicted and sentenced to life in prison for the crime.