Delaware Case Commentaries

Watson v. State: New Precedent on Concealment Evidence in Carrying Concealed Deadly Weapons Charges

Date: Apr 15, 2025

Watson v. State: New Precedent on Concealment Evidence in Carrying Concealed Deadly Weapons Charges Introduction Watson v. State is a 2025 decision of the Supreme Court of Delaware that clarifies the...

The Implied Willfulness Requirement for Disregarding a Police Officer’s Signal

Date: Apr 15, 2025

The Implied Willfulness Requirement for Disregarding a Police Officer’s Signal Introduction In Waller v. State, 285 A.2d 805 (Del. 2025), the Supreme Court of Delaware addressed the mens rea element...

Kent v. State (Del. 2025): Strategic Impeachment That Backfired Is Not Ineffective Assistance; Child Testimony and Circumstantial Access Sustain Continuous Sexual Abuse Conviction

Date: Apr 1, 2025

Kent v. State (Del. 2025): Strategic Impeachment That Backfired Is Not Ineffective Assistance; Child Testimony and Circumstantial Access Sustain Continuous Sexual Abuse Conviction Introduction In...

Jewell v. State: Delaware Supreme Court mandates Rule 403 balancing for racially charged evidence; harmless-error review applies; and speech-based stalking requires a subjective mens rea

Date: Apr 1, 2025

Jewell v. State: Rule 403 gatekeeping for racially charged evidence, Chapman harmless-error review, and Counterman-aligned mens rea for speech-based stalking Introduction In Jewell v. State (Del....

Durham v. Grapetree, LLC: Outstanding Document Demands Do Not Stall Approval of a Liquidating Trustee’s Final Distribution; Corporate‑Benefit Fees Unavailable for Waived, Unincurred Attorney Bills

Date: Mar 26, 2025

Outstanding Document Demands Do Not Stall Approval of a Liquidating Trustee’s Final Distribution; Corporate‑Benefit Fees Unavailable for Waived, Unincurred Attorney Bills Case: Durham v. Grapetree,...

Warncke v. State: Delaware Supreme Court Reaffirms Rule 61(i)(4)’s Former-Adjudication Bar and Strickland’s Prejudice Requirement—No Relief for Failure to Object to Racial-Slur Testimony Absent Outcome-Differential Impact

Date: Mar 25, 2025

Warncke v. State: Delaware Supreme Court Reaffirms Rule 61(i)(4)’s Former-Adjudication Bar and Strickland’s Prejudice Requirement—No Relief for Failure to Object to Racial-Slur Testimony Absent...

Clarifying Grandparent Third-Party Visitation Under 13 Del. C. § 2412: Evidence and Jurisdictional Standards

Date: Mar 25, 2025

Clarifying Grandparent Third-Party Visitation Under 13 Del. C. § 2412: Evidence and Jurisdictional Standards Introduction Burk v. Kurtis (Del. Mar. 24, 2025) presents a landmark delineation of the...

McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime

Date: Mar 25, 2025

McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime Introduction In McMahon v. McMahon, No....

No Duty Absent Unusual Circumstances: Delaware Supreme Court Holds Disputed Theft Details Are Immaterial in Third‑Party Injury Cases Involving Stolen Vehicles

Date: Mar 20, 2025

No Duty Absent Unusual Circumstances: Delaware Supreme Court Holds Disputed Theft Details Are Immaterial in Third‑Party Injury Cases Involving Stolen Vehicles Introduction In Carroll v. Forewinds...

Samuels v. Samuels (Del. 2025) Commentary

Date: Mar 18, 2025

Appellate Record Discipline in Delaware Family-Law Ancillary Appeals: Harmless Misstatements, No New Evidence, and Transcript-Dependent Review 1) Introduction Samuels v. Samuels (Del. Mar. 17, 2025)...

Affirming Limits on Postconviction Relief: Analyzing Ineffective Assistance and Evidentiary Discrepancies in Davis v. State

Date: Mar 14, 2025

Affirming Limits on Postconviction Relief: Analyzing Ineffective Assistance and Evidentiary Discrepancies in Davis v. State Introduction The case of Andre Davis v. State of Delaware presents a...

The Adequacy of Writ of Certiorari in Quasi-Judicial Permit Approvals: A New Delaware Precedent

Date: Mar 13, 2025

The Adequacy of Writ of Certiorari in Quasi-Judicial Permit Approvals: A New Delaware Precedent Introduction The recent decision in Citizens Against Solar Pollution et al. v. Kent County, et al.,...

Governor’s Withdrawal Right: A New Precedent on Nominations Under Article III, Section 9 of the Delaware Constitution

Date: Mar 11, 2025

Governor’s Withdrawal Right: A New Precedent on Nominations Under Article III, Section 9 of the Delaware Constitution Introduction The Delaware Supreme Court’s recent advisory opinion addresses a...

Certiorari as the Exclusive Remedy for Quasi-Judicial Conditional-Use Permit Approvals in Delaware

Date: Mar 11, 2025

Certiorari as the Exclusive Remedy for Quasi-Judicial Conditional-Use Permit Approvals in Delaware 1. Introduction Citizens Against Solar Pollution v. Kent County (Del. Mar. 10, 2025) addresses the...

Rule 61 Ineffective-Assistance Claims Fail Without Concrete Strickland Prejudice Where Identification and Possession Evidence Is Overwhelming (Davis v. State)

Date: Mar 11, 2025

Rule 61 Ineffective-Assistance Claims Fail Without Concrete Strickland Prejudice Where Identification and Possession Evidence Is Overwhelming (Davis v. State) 1. Introduction In Davis v. State (Del....

Sufficiency of DNA Evidence in Establishing Possession: A New Precedent in PFBPP Convictions

Date: Mar 8, 2025

Sufficiency of DNA Evidence in Establishing Possession: A New Precedent in PFBPP Convictions Introduction The case of William Sawyer v. State of Delaware represents a significant decision by the...

Establishing the “Failure to Plan” Standard in Termination of Parental Rights Cases

Date: Mar 7, 2025

Establishing the “Failure to Plan” Standard in Termination of Parental Rights Cases Introduction This Judgment, rendered by the Supreme Court of Delaware on March 4, 2025, addresses a contentious...

Defining Failure to Plan: Affirming Child Welfare and Termination of Parental Rights

Date: Mar 7, 2025

Defining Failure to Plan: Affirming Child Welfare and Termination of Parental Rights Introduction The case of Nadine Morris v. Department of Services for Children, Youth and Their Families/Division...

Reaffirming the Limits of Interlocutory Review in Conflicted Transactions: A New Framework for Applying Section 7.10(b) in Merger Disputes

Date: Mar 1, 2025

Reaffirming the Limits of Interlocutory Review in Conflicted Transactions: A New Framework for Applying Section 7.10(b) in Merger Disputes Introduction The recent decision in American Midstream GP,...

Establishing the Threshold for Termination of Parental Rights: The Failure to Plan under 13 Del. C. § 1103

Date: Feb 28, 2025

Establishing the Threshold for Termination of Parental Rights: The Failure to Plan under 13 Del. C. § 1103 Introduction In the case of GEORGE FROST and JANE BURTON v. DEPARTMENT OF SERVICES FOR...