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Delaware Senate Journal
SENATE LEGISLATION SENATE BILLS fil!.! - AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO BUILDING AND LOAN ASSOCIATIONS. Pages 4, 6, 38 (Signed by the Governor 2/21/03) SB 2 - AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF CHIROPRACTIC. Pages 4, 6, 7, 8, 38 (Signed by the Governor 2/21/03) SB 3 - AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAXES. Pages 5, 6, 37, 38 (Signed by the Governor 1/31/03) SB 4 - AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATED TO DREDGING AND BEACHES. Pages 6, 20 (Stricken) SB 5 - AN ACT TO AMEND TITLE 24 OF THE DELA WARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS. Pages 6, 11, 23, 24, 106, 108, 184, 187 (Signed by the Governor 7/15/03) SB 6 - AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO OYSTER HARVESTING. Page 6 (Senate Natural Resources and Environmental Control Committee) SB 7 - AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE I, SECTION 5 OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO FREEDOM OF SPEECH. Pages 6, 50, 79, 122, 181 (Enacted without Signature) SB 8 - AN ACT TO AMEND CHAPTER 158, VOLUME 36 OF THE LAWS OF DELAWARE, AS AMENDED, BEING THE CHARTER OF THE CITY OF DOVER, RELATING TO ELECTIONS. Pages 7,263 (Stricken) SB 9 - AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE DIVISION OF CHILD SUPPORT ENFORCEMENT AND TITLE 7 OF THE DELAWARE CODE RELATING TO HUNTING, TRAPPING AND FISHING. -
IN the UNITED STATES DISTRICT COURT for the DISTRICT of DELAWARE THOMAS J. CAPANO : CIVIL ACTION : V
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE THOMAS J. CAPANO : CIVIL ACTION : v. : : THOMAS L. CARROLL, et al. : NO. 06-58 MEMORANDUM Bartle, C.J. April 15, 2008 Before the court is the petition of Thomas J. Capano for habeas corpus relief under 28 U.S.C. § 2254. He alleges that he is in state custody in violation of the Constitution of the United States. Capano, a prominent Delaware lawyer, was convicted in the Superior Court in and for New Castle County of murder in the first degree of Anne Marie Fahey, the scheduling secretary of the State's then-Governor, Thomas R. Carper. Judge William Swain Lee sentenced Capano to death upon recommendation of the jury. State v. Capano, Cr.A. No. 97-11-0720, 1999 Del. Super. LEXIS 541 (Del. Super. Ct. Mar. 16, 1999). The Supreme Court of Delaware affirmed on direct appeal, and the United States Supreme Court denied Capano's petition for a writ of certiorari. Capano v. State, 781 A.2d 556 (Del. 2001), cert. denied, Capano v. Delaware, 536 U.S. 958 (2002). In a subsequent post-conviction proceeding, the state Supreme Court overturned his death sentence and remanded for a new penalty trial. Capano v. State, 889 A.2d 968 (Del. 2006). When the State elected not to proceed with that second trial, Capano was resentenced to life in prison without the possibility of parole. I. Anne Marie Fahey, age 30, was last seen in public on Thursday evening, June 27, 1996, while dining at a Philadelphia restaurant with Capano, age 46, who was then separated from his wife Kay. -
Utilizing Dignity Rights to Further Tribal Prerogatives: the Lenape Indian Tribe of Delaware
Utilizing Dignity Rights to Further Tribal Prerogatives: The Lenape Indian Tribe of Delaware Dean Roland Dignity Rights Practicum Delaware Law Spring 2017 Professors Daly & May For the Lenape Indian Tribe of Delaware QUESTION PRESENTED What new rights or benefits does the recent state recognition of the Lenape Indian Tribe of Delaware (the “Lenape”) bestow upon the Lenape and how can the recent recognition of dignity rights in American jurisprudence help further tribal prerogatives? BRIEF ANSWER State recognition of the Lenape has limited benefits such as access to federal and state funding, qualifying as an Indian Tribe under various statutes, and a recognition of the Lenape’s inherent dignity and longstanding presence within a state. Courts around the world along with local and national governments have found an inherent or implied right to dignity within the right to life and liberty. The Delaware Constitution expressly acknowledges a right to life and liberty. The right to dignity, which is implied in the Delaware Constitution, fills the gaps that state recognition fails to address. This paper will analyze how dignity can be used as a means of seeking redress for an infringed upon right to better the Lenape’s way of life. INTRODUCTION The Lenape Indian Tribe of Delaware (the “Lenape”) resided in the coastal regions of Delaware and Pennsylvania for hundreds of years before European contact. The tribe, along with the other tribes of the present day United States, lived their lives free with dignity to move freely over the land and use the resources that the earth provided them. European contact had a profound impact on the Native’s way of life, not only individuals, but as a distinct group. -
Delaware Legislative Drafting Manual
Jump to Table of Contents DELAWARE LEGISLATIVE DRAFTING MANUAL Legislative Council Division of Research January 2019 THIS PAGE INTENTIONALLY LEFT BLANK DELAWARE LEGISLATIVE DRAFTING MANUAL 2019 Edition Published by Legislative Council’s Division of Research Lori Christiansen, Director Mark J. Cutrona, Esq., Deputy Director, Division of Research, Co-Editor Holly Vaughn Wagner, Legislative Attorney, Division of Research, Co-Editor Parliamentary Procedure Advisors Bernard Brady, Secretary of the Senate Rich Puffer, Chief Clerk of the House of Representatives Proofreaders – Division of Research Sara Zimmerman, Legislative Librarian Deborah Gottschalk, Legislative Attorney Word Processors – Division of Research Colinda Marker & Natalie White Legislative Graphics and Printing Services Donald Sellers, Robert Lupo, & Nathan Poore, Division of Research Additional copies of this publication are available online at http://legis.delaware.gov/LawsOfDE/BillDraftingManual or by contacting the Division of Research’s Legislative Information Office 411 Legislative Avenue Legislative Hall Dover, Delaware 19901 302-744-4114 Approved by Legislative Council September 18, 2013 THIS PAGE INTENTIONALLY LEFT BLANK PREFACE TO THIS EDITION This is the fourth update to the Delaware Legislative Drafting Manual since Mark and I joined the Division of Research and we are excited to present an edition that includes the input of many of you, the drafters who use the manual. We hope that you find this version even more user-friendly, covering the many updates and additional scenarios you’ve shared with us over the last two years. Anyone who has attended one of our drafting workshops knows that legislative drafters in Delaware have our own version of the Hippocratic Oath to “first, do no harm”: to draft the law concisely and with clarity. -
March2020dsbabarjournal.Pdf
MARCH 2020 VOLUME 43 • NUMBER 8 SPOTLIGHT on SMALL FIRMS and SOLO PRACTITIONERS The Delaware State Bar Association Presents the 2nd Annual BAKING CONTEST Sunday, March 22, 2020 | 1:00 p.m. to 3:00 p.m. Enter in one or more category: Pies and Tarts / Cakes and Cupcakes / Cookies and Bars / Breads and Savory / Gluten Free PRIZES WILL BE AWARDED IN EACH CATEGORY: JUNIOR DIVISION (17 AND UNDER) AND ADULT DIVISION CALLING ALL BAKERS! BE A BAKER OR BE A TASTER! For all contest rules and to register to compete or attend, visit www.dsba.org. The Delaware State Bar Association Presents the 2nd Annual DSBA BAR JOURNAL MARCH 2020 | VOLUME 43 • NUMBER 8 PRESIDENT William Patrick Brady EXECUTIVE DIRECTOR BAKING CONTEST Mark S. Vavala EDITORIAL BOARD Sunday, March 22, 2020 | 1:00 p.m. to 3:00 p.m. Laina M. Herbert Jason C. Powell Benjamin A. Schwartz Seth L. Thompson Enter in one or more category: EXECUTIVE COMMITTEE LIAISON Pies and Tarts / Cakes and Cupcakes / Cookies and Bars / Breads and Savory / Gluten Free Kathleen M. Miller EDITORIAL ADVISORY COMMITTEE Valerie A. Caras FEATURES PRIZES WILL BE AWARDED IN EACH CATEGORY: JUNIOR DIVISION (17 AND UNDER) AND ADULT DIVISION Denise Del Giorno Nordheimer Katherine M. Devanney Adria B. Martinelli 2 Announcing the 2nd Annual DSBA Baking Contest Jennifer L. Smuts Victoria R. Sweeney Holly O. Vaughn Wagner SPOTLIGHT ON SMALL FIRMS AND SOLO PRACTITIONERS PUBLICATIONS EDITOR CALLING ALL BAKERS! Rebecca Baird 22 How to Get Fortune 100 Benefits for Your Firm While Still PUBLICATION ASSISTANT Working in Your Pajamas Susan Simmons BY DENISE DEL GIORNO NORDHEIMER, ESQUIRE The Bar Journal is published and distributed by the Delaware State Bar Association 24 Legal Podcasts: Sharpening Your Knowledge and Skills 405 North King Street, Suite 100 Wilmington, DE 19801 Outside the Office P: 302-658-5279 BY ROBERT M. -
County Council Minutes
SUSSEX COUNTY COUNCIL-GEORGETOWN, DELAWARE-APRIL 15, 1975 Call to The regular meeting of the Sussex County Council was held on Order Tuesday, April 15, 1975 at 10:00 A. M. with the following members present: Ralph E. Benson President John T. Cannon, Sr. Vice President Charles W. Cole Member Oliver E. Hill Member W. Howard Workman Member The meeting was opened with the repeating of the Lord's Prayer and the Pledge of Allegiance to the Flag. M 192 75 A Motion was made by Mr. Cannon, seconded by Mr. Hill, to Minutes approve the minutes of the previous meeting as presented. Approved Motion Adopted by Voice Vote. Corre The following correspondence was read by Mr. Betts, County spondence Solicitor: Sherman W. Tribbitt, Governor of the State of Delaware. Re: Statement by Governor Sherman W. Tribbitt in observance of Soil Conservation Service Appreciation Week. Town Council of Ocean View. Re: Recommending that future construction in the coastal areas be a maximum height of thirty-five feet with a density of fifteen dwellings per acre. Delaware Council on Crime and Justice, Inc. Re: Their annual meeting to be held on May 5, 1975 at 12:00 Noon in the Gold Ballroom of the Hotel du Pont. Bureau of Aging. Re: Monthly report for the month of March in the Sussex County Office. National Association of Realtors. Re: Offering their assistance regarding the appraisal of real property in the County. Community Legal Aid Society, Inc. Re: Expressing their appreciation to the Council for the move of the Community Legal Aid Society, Inc. -
Superior Court Appellant, of the State of Delaware in and for New Castle County V
IN THE SUPREME COURT OF THE STATE OF DELAWARE THOMAS J. CAPANO, No. 110/149, 1999 Defendant Below, Court Below: Superior Court Appellant, of the State of Delaware in and for New Castle County v. Cr. A. No. IN97-11-0720 STATE OF DELAWARE, Cr. ID No. 9711006198 Plaintiff Below, Appellee. Submitted: March 3, 2000 Decided: March 17, 2000 Before VEASEY, Chief Justice, WALSH, HOLLAND and HARTNETT, Justices, and CHANDLER, Chancellor,1 constituting the Court en Banc. Upon Motion for Limited Remand of Proceedings to Enlarge the Record on Appeal. DECISION ON MOTION DEFERRED PENDING BRIEFING. 1 Designated pursuant to Art. IV, § 12, of the Delaware Constitution and Supreme Court Rules 2 and 4. Joseph M. Bernstein, Esquire, Wilmington, Delaware, Attorney for Appellant. Ferris W. Wharton, Esquire, State Prosecutor, and Loren C. Meyers, Esquire, Chief of Appeals Division, Department of Justice, Wilmington, Delaware, Attorneys for Appellee. VEASEY, Chief Justice, for the majority: Before this Court is a procedural motion in an appeal pending in a death penalty case. The motion by the defendant-appellant, Thomas J. Capano, is for a limited remand of proceedings to enlarge the record on appeal. The basis of the motion is the contention that an immediate evidentiary hearing is needed for this Court to determine whether the conduct of the trial and subsequent death sentence “may have been consciously or unconsciously influenced by a motive or desire by [Judge William Swain Lee, the trial and sentencing judge] to enhance his image for political purposes through trial publicity.” Although the Court declines an immediate remand, the Court’s final decision on the merits of the issues raised by the motion is deferred pending full briefing in accordance with this Opinion. -
The Supreme Court of Delaware,1900-1952
Volume 56 Issue 2 Dickinson Law Review - Volume 56, 1951-1952 1-1-1952 The Supreme Court of Delaware,1900-1952 Paul Dolan Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Paul Dolan, The Supreme Court of Delaware,1900-1952, 56 DICK. L. REV. 166 (1952). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol56/iss2/4 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. DICKINSON LAW REVIEW VOL. 56 THE SUPREME COURT OF DELAWARE, 1900-1952 By PAUL DOLAN* On May 14, 1951, the Delaware General Assembly, by amending the state's constitution,1 created a supreme court composed of justices who only sat in that court. Between 1897 and 1951 the Supreme Court of Delaware consisted of those state judges who had not heard the case below. Thus Delaware was said to use the "left-over judge" system in its final appellate jurisdiction. 2 Since the above-mention- ed amendment the supreme court is manned by three justices appointed by the governor and confirmed by the state senate. These judges are not permitted to serve in the inferior courts. To establish a tribunal of final appeal with personnel unattached to the trial courts was not easy in Delaware. The opposition to this change was obdurate and continuous. It was based primarily on the fact that any change contemplated in governmental arrangements in the state is met with deep suspicion by many seg- ments of the population. -
Parks & Shade Tree Commission Meeting
Parks & Shade Tree City of Rehoboth Beach Commission 229 Rehoboth Avenue Telephone 302-227-6181 P.O. Box 1163 www.cityofrehoboth.com Rehoboth Beach, Delaware 19971 PARKS & SHADE TREE COMMISSION MEETING City Hall Commissioners Room, 2nd Floor Monday, October 22, 2018; 2:00 p.m. AGENDA Page 1. Call to Order 2. Welcome new members. 3. Roll Call 4. Correspondence Email received October 18, 2018 from Sturges Dodge, 512 New 3 - 13 Castle Street Extended - in support of City Arborist decision for 318 Country Club Drive Letter received October 19, 2018 from Brian Patterson, 105 Country Club Drive - in opposition to tree removal Email received October 19, 2018 from Susan Gay, 316 Country Club Drive - in opposition to tree removal at 318 Country Club Drive Email received October 22, 2018 from Brian Patterson, 105 Country Club Drive - in response to 17 pages of additional material submitted for 318 County Club Drive 5. Approval of Minutes – Meeting held on August 27, 2018 6. Old Business 7. New Business A. The purpose of this meeting is to conduct an administrative appeal hearing pursuant to the Comprehensive Tree Ordinance (Chapter 253 of the Municipal Code of the City of Rehoboth Beach): 1. Appeal Hearing No. 0918-05 requested by Jeff 14 - 22 Meredith of Sussex Tree Inc. on behalf of Tim Mahoney, owner of the property located at 237 Rehoboth Avenue pursuant to Section 253-36 of the Municipal Code of the City of Rehoboth Beach, and pertains to a determination of a fee in lieu of mitigation for one tree. Public Notice - 237 Rehoboth Avenue Arborist Report - 237 Rehoboth Avenue Application with Support Documents - 237 Rehoboth Avenue Page 1 of 84 2. -
Udr 125 43.Pdf
News Mosaic Sports .S._House 's only black Sign language is one High school teammates ....,,.uublican rep. visits'Del. sophomore's eyes and ears meet again at UD Seepage Bl B8 An Associated Collegiate Press Pacemaker Award Winner • Non-Profit Org. ~Review Online • THE U.S. Postage Paid Newark, DE www. review. udel. edu REV IE Permit No. 26 Free 250 Student Center • University of Delaware • Newark, DE 19716 Friday Volume 125, Number 43 March 26, 1999 Two rental cap Student killed ordinances to in car accident BY APRIL CAPOCHINO Williams graduated from Delcaslle City Nell's Editor Technical High School, where he be discUssed An 18-year-old freshman died after a played lacrosse and soccer. · car accident Wednesday afternoon after Dean of Students Timothy F. Brooks his car crashed into a light pole Monday said, "I have had an opportuniry to meet The Planning Commission will night, officials said. the Williams family and express the City Council to review both the Lower Merion John R. Williams, an electrical university's profound sympathy over ordinance, which limits the number of engineering major, died at 4 p.m. at the death of their son Johnny. debate restrictions student rentals available within a Christiana Hospital, said Natalie Dyke, "My office has received a number of district, and a plan that would limit the corporate communications manager for phone calls from his friends. It was for Newark rental number of unrelated tenants in a home Christiana Care Health System. clear he was very well liked at the to two. Williams' father, John Williams, university and he was enjoying hi s properties at new The L ower Merion ordinance, said his son died of head injuries. -
2017 Law Day Luncheon Announcement and Registration P
IN THIS ISSUE 2017 Law Day Luncheon Announcement and Registration P. 2 Report on the Mid-Year Meeting of the ABA House of Delegates P. 16 2016 Combined Campaign for Justice Contribution List P. 28 THE DELAWARE STATE BAR ASSOCIATION PRESENTS LAW DAY LUNCHEON 2017 MONDAY, MAY 1, 2017 • 12:00 NOON HOTEL DU PONT • WILMINGTON, DELAWARE The Honorable Collins J. Seitz, Jr. was sworn in as Justice of the Supreme Court of Delaware on April 14, 2015. Prior to his appointment, Justice Seitz was a founding partner of Seitz Ross Aronstam & Moritz LLP, a boutique corporate advisory and litigation firm in Wilmington, Delaware representing clients in high-profile corporate and trust disputes in the Delaware Court of Chancery. Before founding Seitz Ross, Justice Seitz was a partner of Connolly Bove Lodge & Hutz LLP in Wilmington Delaware, where he litigated corporate and intellectual property disputes. A member of the Delaware Bar since 1983, Justice Seitz served as a board member and chair of the Board of Bar Examiners, and a board member of the Board on Professional Responsibility. Both federal and state courts often appointed Keynote Address by Justice Seitz as a Master and Trustee to oversee complex corporate, commercial and intellectual property cases. He is The Honorable a Fellow of the American College of Trial Lawyers. Collins J. Seitz, Jr. Justice, Supreme Court of Delaware Justice Seitz received his undergraduate degree from the University of Delaware and his law degree from the Villanova University School of Law. Law Day Luncheon 2017 • Monday, May 1, 2017 • 12:00 noon Please reserve ______ place(s) for me at the Monday, May 1, 2017 Law Day Luncheon to be held at 12:00 noon at the Hotel du Pont. -
Ljury Vot~S for Death in \Capano Trial Sentencing
News Mosaic Sports Magic Schoolbus makes UD graduate creates hog 'Delaware men's basketball its Newark debut heaven on roadside snags overtime win 99-91 A4 B3 BS • • Non-Profit Org. : ~Review Online U.S. Postage Paid ewark, DE www. review. udel. edu Permit No. 26 :Free 250 Student Center • University of Delaware • Newark, DE 19716 Friday Volume 125, Number 28 · · Januar~ 29, 1999 lJury vot~s for death in \Capano trial sentencing BY JOHN YOCCA detailed his previous charitable deeds for the "Sorry I broke the rules," referring to his Assistant Editorial Ed;tor city of Wilmington. infractions during his plea WILMINGTON - A six-man, six-woman Capano also spoke of how he has changed Capano's 76-year-old mother, Marguerite, ~ury decided they believe Thomas J. Capano personally since his incarceration. preceded his testimony and maintained her ~hould be put to death by lethal injection for the "I don't know me anymore," he said, while son's innocence. ·1996 murder of Anne Marie Fahey. expressing some remorse for what happened to "My soli is not a murderer," she said. "He is : In a 10-2 vote, the jury decided Thursday Fahey, who he was convicted of killing. But he not guilty of killing Anne Marie Fahey ... !light that Capano planned and carried out stopped short of admitting to the murder. please don't kill my son. Please spare my son Fahey' s murder, stuffed her in a cooler and "If I could trade places with Anne Marie, I for his family and for his daughters." :dumped her corpse into the Atlantic Ocean.