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  • Commentaries
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Delaware Case Commentaries

Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law

Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law

Date: May 29, 2025
Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law Introduction Delgado v. State (Del. S. Ct., May 28, 2025) addresses the scope of...
Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State

Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State

Date: May 29, 2025
Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State Introduction The Delaware Supreme Court’s decision in Gibson v. State (No. 111, 2024, decided May 28, 2025) reaffirms...
Ensuring Full and Fair Custody Hearings: Procedural Due Process in Harris v. Tucker

Ensuring Full and Fair Custody Hearings: Procedural Due Process in Harris v. Tucker

Date: May 23, 2025
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

Constructive Possession Through Circumstantial and DNA Evidence: Landry v. State

Date: May 21, 2025
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: Roten v. State

Clarifying Successive Predicate Offenses and Rehabilitation in Habitual-Offender Sentencing: Roten v. State

Date: May 21, 2025
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

Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services

Date: May 17, 2025
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

Boyce v. State: Eliminating Separate “Mere Presence” Jury Instructions Where Instructions Suffice

Date: May 16, 2025
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

Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions

Date: May 14, 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

Exhaustion of Remedies and the Narrow Scope of Mandamus in Administrative Appeals

Date: May 13, 2025
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

Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence

Date: May 9, 2025
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

DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State

Date: May 7, 2025
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

Robinson v. State: Geolocation Evidence and Gang Conspiracy Liability

Date: May 7, 2025
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

Daniels v. State: Reinforcement of Procedural Bars and Actual-Innocence Threshold in Postconviction Relief

Date: May 7, 2025
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

Reservation of Overpayment Credits in Marital Property Division: Waiver Through Pretrial Stipulation

Date: May 3, 2025
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

Operational Status Requirement for Enforceable Liquidated Damages in Physician Non-Compete Agreements

Date: May 3, 2025
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

Ford v. State: Affirming “Cruel, Wicked, and Depraved” Indifference in Fatal Vehicular Racing

Date: May 2, 2025
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

Price v. State: Encirclement of a Vehicle Constitutes Seizure Requiring Reasonable Suspicion

Date: Apr 30, 2025
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

Condition Precedents, Indemnity Notice Forfeitures, and the Excusal Doctrine in Delaware Contract Law

Date: Apr 29, 2025
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

New Standard for Limiting Impeachment Cross-Examination under the Confrontation Clause: Snowden Four-Factor Test Applied in Hazelett v. State

Date: Apr 26, 2025
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

Rigorous Enforcement of Interlocutory Appeal Deadlines Under Delaware Supreme Court Rule 42

Date: Apr 26, 2025
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...
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