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10 Delaware opinions name it 2 courts 1993–2023 2 in the last five years
The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Keys v. Stategreen2 sentences2023L.F. identified herself in the photograph and acknowledged that she had talked to “another person”174 in the photograph who was later referred to as a “lady.”175 But no one ever identified who the other person (the “lady”) was or the circumstances under which the photograph was taken.176 Thus, the single thread that might have otherwise held the minimal evidentiary foundation together and support the admission of L.F.’s section 3507 statement appears to be missing.177 173 App. to Opening Br. at A59-65. 174 Id. at 63 . 175 Id. 176 The only reference to the photograph’s connection to the CAC int 2023L.F. identified herself in the photograph and acknowledged that she had talked to “another person”174 in the photograph who was later referred to as a “lady.”175 But no one ever identified who the other person (the “lady”) was or the circumstances under which the photograph was taken.176 Thus, the single thread that might have otherwise held the minimal evidentiary foundation together and support the admission of L.F.’s section 3507 statement appears to be missing.177 173 App. to Opening Br. at A59-65. 174 Id. at 63 . 175 Id. 176 The only reference to the photograph’s connection to the CAC int | 1 | 3 |
Redden v. Stategreen1 sentence2019Solge was a more effective approach than insisting on playing the recorded statements.”! 165 Td: see also Jackson v. State, 643 A.2d 1360, 1368-69 (Del. 1994) (“While there may have been a technical non-compliance with the requirements for the admission of prior statements pursuant to section 3507, it was clearly one of form rather than substance.”). 166 See Redden, 150 A.3d 768, 774 (Del. 2016) (finding the Rule 61(i)(5) “miscarriage of justice” exception not satisfied where trial counsel failed to object to the introduction of two 3507 Statements). 167 See Def.’s Am. Mot. 11-17; Def.’s Am. M | 1 | 1 |
Jackson v. Stategreen1 sentence2019Solge was a more effective approach than insisting on playing the recorded statements.”! 165 Td: see also Jackson v. State, 643 A.2d 1360, 1368-69 (Del. 1994) (“While there may have been a technical non-compliance with the requirements for the admission of prior statements pursuant to section 3507, it was clearly one of form rather than substance.”). 166 See Redden, 150 A.3d 768, 774 (Del. 2016) (finding the Rule 61(i)(5) “miscarriage of justice” exception not satisfied where trial counsel failed to object to the introduction of two 3507 Statements). 167 See Def.’s Am. Mot. 11-17; Def.’s Am. M | 1 | 1 |
Dawson v. Stategreen1 sentence2016Thus the trial court’s judgment is reversible only if we find that the decision to admit the § 3507 5 App. to Opening Br. at 180-81. 6 Dawson v. State, 673 A.2d 1186, 1190 (Del. 1996). 6 evidence was clearly erroneous.”7 We review questions of law de novo.8 We review the Superior Court’s factual findings and credibility determinations deferentially, and will reverse only if the findings are clearly erroneous.9 (13) Collins argues that his trial counsel was ineffective by failing to object to the admission of Gibson’s § 3507 statement as amounting to improper embellishment. | 1 | 1 |
Gattis v. Stategreen1 sentence2015Gattis v. State, 955 A.2d 1276, 1290 (Del. 2008). supported by the record.’* Although the State did refer to the victim’s pregnancy during the trial, this reference occurred outside of the jury’s presence when the prosecutor informed the judge that a reference to the victim’s pregnancy had appeared in the News Journal. | 1 | 1 |
Smith v. Stategreen1 sentence2015Oct. 9, 2015) (witness statement admissible under § 3507 when witness testified his statement was voluntary). 10 Smith v. State, 963 A.2d 719, 722 (Del. 2008) (internal quotations omitted). 11 Revel v. State, 956 A.2d 23, 27 (Del. 2008) (internal quotations omitted). 5 and (3) the steps taken to mitigate the effects of the error. 12 The Superior Court found that the comment did not require a new trial. | 1 | 1 |
Revel v. Stategreen1 sentence2015Oct. 9, 2015) (witness statement admissible under § 3507 when witness testified his statement was voluntary). 10 Smith v. State, 963 A.2d 719, 722 (Del. 2008) (internal quotations omitted). 11 Revel v. State, 956 A.2d 23, 27 (Del. 2008) (internal quotations omitted). 5 and (3) the steps taken to mitigate the effects of the error. 12 The Superior Court found that the comment did not require a new trial. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Guy v. State
green
1 sentence2021There is no contrary statement.” A509. 38 Id. | 1 | 2021–2021 |
Collins v. State
green
1 sentence2016The Superior Court denied the motion and held that counsel was not 3 Collins v. State, 56 A.3d 1012 (Del. 2012). 4 ineffective for failing to object, because admission of the § 3507 statements of both Romeo and Gibson had been proper.4 Collins appealed the Superior Court’s rulings on the admission of each witness’ § 3507 statement. | 1 | 2016–2016 |
Strickland v. Washington
green
1 sentence2016Under Claim One, the Commissioner found that trial counsel could have, and should have, objected to the incomplete foundation prior to the admission of the Section 3507 statements Thus, the Commissioner concluded that had the statements not been presented at trial, there is a reasonable probability that the outcome would have been different and Flowers should be granted relief on this 2 Id. 62(a)(5)(ii). 3 Strickland v. Washz'ngton, 466 U.S. 668 (1984). 5 claim. | 1 | 2016–2016 |
Feleke v. State
green
1 sentence2015More importantly, the law in 2003, as today, only requires the proponent to ask the witness about the truthfulness of the prior statement as part of the § 3507 foundation. 50 Both the State and Trial Counsel reasonably should have been aware of the state of the law at the time of the trial. 51 The Blake opinion removes any doubt that the foundational requirements for admission of a statement under § 3507 were firmly 47 Feleke, 620 A.2d at 226–227. 48 Washington v. State, 2013 WL 961561 , at *2 (Del. | 1 | 2015–2015 |
Hatcher v. State
green
1 sentence1995Hatcher v. State, Del.Supr., 337 A.2d 30 (1975). | 1 | 1995–1995 |
Ray v. State
green
2 sentences1993The admission of hearsay statements under § 3507 must be carefully confined to cases where an appropriate foundation is established, thus avoiding situations in which the only direct evidence concerning the commission of an offense is presented through third parties reciting what the victim stated on a prior occasion. 587 A.2d at 444 . 1993The admission of hearsay statements under § 3507 must be carefully confined to cases where an appropriate foundation is established, thus avoiding situations in which the only direct evidence concerning the commission of an offense is presented through third parties reciting what the victim stated on a prior occasion. 587 A.2d at 444 . | 1 | 1993–1993 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.