This 26th day of August 2008, upon consideration of the briefs on appeal and the record below, it appears to the Court that:... (1) The defendant-appellant, Freddy L. Flonnory, filed an appeal from the Superior Court's February 14, 2008 order denying his motion for postconviction relief pursuant to Superior Court Criminal Rule 61. We find no merit to the appeal. Accordingly, we affirm... (2) In September 1997, Flonnory was indicted, along with co-defendant Korey Twyman, on two counts of...  

Alberta Rae died in a car collision with Wade Murphy, defendant-appellee. Rae's estate brought a survival action, seeking compensatory and punitive damages, and her daughters brought a wrongful death suit in Superior Court. A Superior Court judge granted partial summary judgment on the punitive damages claim ruling that the evidence did not demonstrate wilful or wanton conduct. After trial, a jury found that Rae did not have any conscious interval of suffering and, thus, did not award Rae's...  

This 26th day of August 2008, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that:... (1) The defendant-appellant, Raphael Onkeo, filed an appeal from the Superior Court's March 25, 2008 order affirming his August 22, 2007 conviction in the Court of Common Pleas. The plaintiff-appellee, the State of Delaware, has moved to affirm the Superior Court's judgment on the ground that it is manifest...  

This 26th day of August 2008, it appears to the Court that:... (1) The petitioner, Deshawn D. Drumgo, seeks to invoke this Court's original jurisdiction to issue an extraordinary writ of mandamus2 to compel the Superior Court to make a finding as to whether his court-appointed counsel has a conflict of interest. The State of Delaware has filed an answer and motion to dismiss. We find that Drumgo's petitions manifestly fail to invoke the original jurisdiction of the Court. Accordingly, the...  

This 26th day of August 2008, upon consideration of the briefs of the parties, and their contentions in oral argument, it appears to the Court that the judgment of... ... ... the Superior Court should be affirmed on the basis of and for the reasons set forth in its decision dated September 19, 2007... NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED...  

This 26th day of August 2008, upon consideration of the briefs on appeal and the record below, it appears to the Court that:... (1) The petitioner-appellant, Casey Sanders ("Wife"), filed an appeal from the Family Court's January 3, 2008 order denying her "motion to compel".2 We find no merit to the appeal. Accordingly, we affirm... (2) The Family Court record reflects that Husband and Wife have been involved in litigation in the Family Court since 2005. On July 15,... ... ......  

This 26th day of August 2008, upon consideration of the briefs on appeal, the parties' supplemental memoranda, and the record below, it appears to the Court that:... 1. Danny Clark ("Clark"), the defendant-below, appeals from a Family Court order adjudicating him delinquent of one count of Attempted Rape in the Second Degree and one count of Unlawful Sexual Contact in the Second Degree. Clark was sentenced and ordered to register as a sex offender. On appeal, Clark claims that the trial...  

Pending before this Court is a summary judgment motion filed by Plaintiff, Jack J. Morris Associates ("Plaintiff") against Mispillion Street Partners, LLC ("Defendant"). The suit seeks $115,506.30 in damages alleging breach of contract and on a quantum merit basis. For the following reasons, Plaintiff's Motion for Summary Judgement is denied... FACTS... Plaintiff, a Virginia corporation, allegedly contracted with Defendant to promote, market, and advertise the sale of residences...  

In this appeal we consider, among other things, whether the Superior Court abused its discretion by allowing a child victim's videotaped statement into the jury room during deliberations. The trial court did so in an effort to balance the information given to the jury. During defendant's interrogation by the police, the interrogating officer described the victim's account of events, and repeatedly told defendant that he believed the victim. After the interrogation tape was played for the jury,...  

This 22nd day of August 2008, it appears to the Court that:... (1) Defendant-Appellant Antoine Money appeals his jury conviction for first degree rape. The only issue on appeal concerns a prosecutor's misstatement of law during closing arguments. After the prosecutor misstated the law, the trial judge immediately sua sponte called counsel to sidebar and informed the prosecutor that he had incorrectly stated the law. Defense counsel, despite the trial judge's unilateral intervention, neither...  

This 22nd day of August 2008, it appears to the Court that:... (1) Idris L. Young, defendant-appellant, appeals a Superior Court judge's denial of his motions to sever and for a judgment of acquittal. Young was convicted of Attempted Murder in the First Degree, Assault in the Second Degree, and two counts of Possession of a Deadly Weapon During the Commission of a Felony (PDWDCF).1 On appeal, Young claims that the trial judge erred by: (i) refusing to sever the Attempted Murder and Assault...  

This 21st day of August 2008, upon consideration of the petition of James Riley for an extraordinary writ of mandamus and/or prohibition, it appears to the Court that:... (1) Riley seeks to invoke the original jurisdiction of this Court to issue writs of mandamus and prohibition to the Superior Court and the Attorney General's Office. The State of Delaware has filed a response and motion to dismiss Riley's petition. After careful review, we find that Riley's petition manifestly fails to invoke...  

On this 21st day of August, 2008, upon consideration of Defendant's Motion for Postconviction Relief it appears to the Court that:... 1. On May 1, 2008, Aldrich Hackett ("Defendant") filed a pro se Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61 ("Rule 61"). For the reasons set forth below, Defendant's Motion for Postconviction Relief is DENIED... 2. The Defendant's arrest and subsequent conviction stem from a robbery and shooting on July 13, 1996,...  

This insurance coverage dispute arises from separate railroad crossing accidents during a road construction project. Two wrongful death actions were filed as a result. These actions were settled but a dispute over coverage under two insurance policies remains. Defendant-Appellant Pacific Insurance Company ("Pacific"), in its own right and as assignee of plaintiff-below Consolidated Rail Corporation ("Conrail"), appeals from the Superior Court's grant of summary judgment in favor...  

This 19th day of August 2008, it appears to the Court that Kenneth T. Deputy has filed a petition seeking to invoke the original jurisdiction of this Court to issue a writ of mandamus to compel the Superior Court to rule on a motion to compel discovery that Deputy filed in March 2008. The State has filed an answer and motion to dismiss Deputy's petition. A review of the Superior Court docket in Deputy's case reflects that the Superior Court denied Deputy's motion as premature on June 20, 2008....  

This 18th day of August 2008, it appears to the Court that, on May 20, 2008, the Clerk issued a notice to the appellant to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant's failure to diligently prosecute her appeal by not filing her opening brief and appendix in this matter. The notice was sent by certified mail to the address appellant provided to the Court. It was returned by the post office because the house number did not exist. The...  

The defendant-appellant, Troy C. Hudson ("Hudson"), appeals from final judgments that were entered in the Superior Court. A jury found Hudson guilty of Possession of a Firearm During the Commission of a Felony, Possession with Intent to Deliver Cocaine, Possession of a Deadly Weapon by a Person Prohibited, Possession of Drug Paraphernalia, and Resisting Arrest. In this direct appeal, Hudson raises three claims. First, the trial judge erred by allowing the chief investigating officer to...  

This 14th day of August, 2008, upon consideration of the Motions in limine filed by Defendant Jonathan K. Baker ("Baker"), it appears to the Court that:... 1. This case arises out of a car accident that occurred on July 17, 2004 involving plaintiff Mary V. Kapetanakis ("Kapetanakis") and Baker. Baker has admitted that he was negligent in a manner proximately causing the accident and does not contend that Kapetanakis was negligent in any manner... ... ... 2. On January 18, 2008,...  

I. Introduction... In their Joint Motion to Apply and Determine the Law of Mexico1, defendants Bridgestone/Firestone North American Tire, LLC ("Firestone") and Ford Motor Company ("Ford") seek an application of Mexican Law to a case which arises out of an automobile accident in Durango, Mexico, involving the rollover of a Ford Explorer equipped with a recalled Firestone tire. In his complaint, plaintiff asserts claims of negligent design, negligent manufacturing and...  

This 14th day of August 2008, it appears to the Court that:... (1) The appellant filed a notice of appeal from a Family Court Commissioner's child support order dated June 5, 2008. On July 10, 2008, the Clerk issued a notice directing that the appellant show cause why the appeal should not be dismissed for this Court's lack of jurisdiction to consider an appeal directly from a Commissioner's order.1... ... ... (2) The appellant did not respond to the Clerk's notice to show cause. The...