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  • Commentaries
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Delaware Case Commentaries

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...
Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State)

Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State)

Date: Apr 23, 2025
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

Ambiguous Post-Closing Waivers Do Not Bar Fraud Claims & Toll Survival Periods by Fraudulent Concealment

Date: Apr 23, 2025
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...
Watson v. State: New Precedent on Concealment Evidence in Carrying Concealed Deadly Weapons Charges

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

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

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

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

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

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

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...
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