Ensuring Full and Fair Custody Hearings: Procedural Due Process in Harris v. Tucker Introduction Harris v. Tucker, decided by the Supreme Court of Delaware on May 22, 2025, addresses a father’s...
Constructive Possession Through Circumstantial and DNA Evidence: Landry v. State Introduction Landry v. State, decided by the Supreme Court of Delaware on May 20, 2025, examines the sufficiency of...
Clarifying Successive Predicate Offenses and Rehabilitation in Habitual-Offender Sentencing Introduction Roten v. State (Supreme Court of Delaware, May 20, 2025) addresses the scope and meaning of...
Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services 1. Introduction In Banks v. Department of Services for Children, Youth and Their...
Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice Introduction This commentary examines the Delaware Supreme Court’s decision in Boyce v. State, 2025...
Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions Introduction In Kellam v. State, 317 A.3d 289 (Del. 2025), the Delaware...
Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals Introduction Karpoff v. Sussex County Board of Adjustment is a 2025 decision of the Supreme Court of Delaware...
Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence Introduction In Johnson v. State, 2025 WL ____ (Del....
DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State Introduction Watson v. State, decided by the Supreme Court of Delaware on May 6, 2025, arises from the...
Robinson v. State: Geolocation Evidence and Gang Conspiracy Liability Introduction Robinson v. State is a 2025 decision of the Supreme Court of Delaware affirming convictions for illegal gang...
Daniels v. State: Reinforcement of Procedural Bars and Actual-Innocence Threshold in Postconviction Relief Introduction In Daniels v. State, No. 532, 2024 (Del. May 6, 2025), the Supreme Court of...
Reservation of Overpayment Credits in Marital Property Division: Waiver Through Pretrial Stipulation Introduction This case, O’Dea v. Downs, arises from a property‐division proceeding ancillary to...
Operational Status Requirement for Enforceable Liquidated Damages in Physician Non-Compete Agreements Introduction In Caruso v. Barton, 2025 WL XXXX (Del. May 2, 2025), the Supreme Court of Delaware...
Ford v. State: Affirming “Cruel, Wicked, and Depraved” Indifference in Fatal Vehicular Racing Introduction This commentary examines the Delaware Supreme Court’s decision in Ford v. State, decided May...
Price v. State: Encirclement of a Vehicle Constitutes Seizure Requiring Reasonable Suspicion Introduction In Price v. State (Del. 2025), the Delaware Supreme Court, sitting en banc, clarified when a...
Condition Precedents, Indemnity Notice Forfeitures, and the Excusal Doctrine in Delaware Contract Law Introduction Thompson Street Capital Partners IV, L.P., acting as Members’ Representative...
New Standard for Limiting Impeachment Cross-Examination under the Confrontation Clause: Snowden Four-Factor Test Applied in Hazelett v. State Introduction Hazelett v. State, decided by the Supreme...
Rigorous Enforcement of Interlocutory Appeal Deadlines Under Delaware Supreme Court Rule 42 Introduction This commentary examines the Delaware Supreme Court’s decision in Edward S. Lampert v. Cannon...
Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State) Introduction Washington v. State, decided April 22, 2025 by the Supreme Court of Delaware,...
Ambiguous Post-Closing Waivers Do Not Bar Fraud Claims & Toll Survival Periods by Fraudulent Concealment Introduction In LGM Holdings, LLC v. Gideon Schurder, 290 A.3d 1 (Del. 2025), the Delaware...