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8 Delaware opinions name it 2 courts 1953–2021 1 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 |
|---|---|---|
Fensterer v. Statered2 sentences1990Fensterer v. State, Del.Supr., 493 A.2d 959, 964 , rev’d on other grounds, 474 U.S. 15 , 106 S.Ct. 292 , 88 L.Ed.2d 15 (1985). 1987"A defendant has no greater right to a speedy trial under Article I, section 7 of the Delaware Constitution than he has under the Sixth Amendment to the United States Constitution.” Fensterer v. State, Del.Supr., 493 A.2d 959, 964 (1985), rev’d on other grounds, — U.S.-, 106 S.Ct. 292 , 88 L.Ed.2d 15 (1986). | 3 | 4 |
Shockley v. Stategreen2 sentences1987See Fensterer v. State, Del.Supr., 493 A.2d 959 (1985) and Shockley v. State, Del.Supr., 269 A.2d 778 (1970). 1985Therefore, our analy *965 sis of Fensterer’s state constitutional challenge parallels that of his federal claim. 7 See Shockley v. State, Del.Supr., 269 A.2d 778 (1970) (state speedy trial right interpreted in light of federal precedents). | 1 | 2 |
Middlebrook v. Stategreen1 sentence2021Second, Mr. Rodriguez contends that the application of the Barker test requires this Court to dismiss Mr. Rodriguez’s case due to a violation of his right to a speedy trial under Article I, Section 7 of the Delaware Constitution and the Sixth Amendment of the United States Constitution. 4 Middlebrook v. State, 802 A.2d 268, 270 (Del. 2002) (citing Michigan v. Long, 463 U.S. 1032, 1041 , 103 S. Ct. 3469 , 77 L.Ed.2d 1201 (1983) (recognizing that state law, if separate and independent from federal law, may provide an adequate and independent ground for a state court's decision and that “[i]f the | 1 | 1 |
Bailey v. Stategreen1 sentence1987See Bailey, supra at 1079 ; Fensterer v. State, Del.Supr., 493 A.2d 959, 964 (1985), rev'd on other grounds, — U.S. -, 106 S.Ct. 292 , 88 L.Ed.2d 15 (1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Delaware v. Fensterer
green
2 sentences1987"A defendant has no greater right to a speedy trial under Article I, section 7 of the Delaware Constitution than he has under the Sixth Amendment to the United States Constitution.” Fensterer v. State, Del.Supr., 493 A.2d 959, 964 (1985), rev’d on other grounds, — U.S.-, 106 S.Ct. 292 , 88 L.Ed.2d 15 (1986). 1987"A defendant has no greater right to a speedy trial under Article I, section 7 of the Delaware Constitution than he has under the Sixth Amendment to the United States Constitution.” Fensterer v. State, Del.Supr., 493 A.2d 959, 964 (1985), rev’d on other grounds, — U.S.-, 106 S.Ct. 292 , 88 L.Ed.2d 15 (1986). | 3 | 1987–1990 |
Michigan v. Long
green
2 sentences2021Second, Mr. Rodriguez contends that the application of the Barker test requires this Court to dismiss Mr. Rodriguez’s case due to a violation of his right to a speedy trial under Article I, Section 7 of the Delaware Constitution and the Sixth Amendment of the United States Constitution. 4 Middlebrook v. State, 802 A.2d 268, 270 (Del. 2002) (citing Michigan v. Long, 463 U.S. 1032, 1041 , 103 S. Ct. 3469 , 77 L.Ed.2d 1201 (1983) (recognizing that state law, if separate and independent from federal law, may provide an adequate and independent ground for a state court's decision and that “[i]f the 2021Second, Mr. Rodriguez contends that the application of the Barker test requires this Court to dismiss Mr. Rodriguez’s case due to a violation of his right to a speedy trial under Article I, Section 7 of the Delaware Constitution and the Sixth Amendment of the United States Constitution. 4 Middlebrook v. State, 802 A.2d 268, 270 (Del. 2002) (citing Michigan v. Long, 463 U.S. 1032, 1041 , 103 S. Ct. 3469 , 77 L.Ed.2d 1201 (1983) (recognizing that state law, if separate and independent from federal law, may provide an adequate and independent ground for a state court's decision and that “[i]f the | 1 | 2021–2021 |
Barker v. Wingo
green
2 sentences2021Second, Mr. Rodriguez contends that the application of the Barker test requires this Court to dismiss Mr. Rodriguez’s case due to a violation of his right to a speedy trial under Article I, Section 7 of the Delaware Constitution and the Sixth Amendment of the United States Constitution. 4 Middlebrook v. State, 802 A.2d 268, 270 (Del. 2002) (citing Michigan v. Long, 463 U.S. 1032, 1041 , 103 S. Ct. 3469 , 77 L.Ed.2d 1201 (1983) (recognizing that state law, if separate and independent from federal law, may provide an adequate and independent ground for a state court's decision and that “[i]f the 2021Second, Mr. Rodriguez contends that the application of the Barker test requires this Court to dismiss Mr. Rodriguez’s case due to a violation of his right to a speedy trial under Article I, Section 7 of the Delaware Constitution and the Sixth Amendment of the United States Constitution. 4 Middlebrook v. State, 802 A.2d 268, 270 (Del. 2002) (citing Michigan v. Long, 463 U.S. 1032, 1041 , 103 S. Ct. 3469 , 77 L.Ed.2d 1201 (1983) (recognizing that state law, if separate and independent from federal law, may provide an adequate and independent ground for a state court's decision and that “[i]f the | 1 | 2021–2021 |
United States ex rel. Giovengo v. Maroney
green
1 sentence1979As defendant points out, an unreasonable delay in sentencing is a violation of due process, for “justice delayed is justice denied.” See Commonwealth v. Stewart, Pa.Super., 221 Pa.Super. 1 , 289 A.2d 126 (1972); Giovengo v. Maroney, W.D.Pa., 194 F.Supp. 154 (1961). | 1 | 1979–1979 |
Commonwealth v. Stewart
green
2 sentences1979As defendant points out, an unreasonable delay in sentencing is a violation of due process, for “justice delayed is justice denied.” See Commonwealth v. Stewart, Pa.Super., 221 Pa.Super. 1 , 289 A.2d 126 (1972); Giovengo v. Maroney, W.D.Pa., 194 F.Supp. 154 (1961). 1979As defendant points out, an unreasonable delay in sentencing is a violation of due process, for “justice delayed is justice denied.” See Commonwealth v. Stewart, Pa.Super., 221 Pa.Super. 1 , 289 A.2d 126 (1972); Giovengo v. Maroney, W.D.Pa., 194 F.Supp. 154 (1961). | 1 | 1979–1979 |
Beavers v. Haubert
green
2 sentences1953In the alternative, defendants insist that, from the facts above outlined, they have not been accorded a speedy trial within the meaning of Article I, § 7 of the State Constitution which reads: “In all criminal prosecutions, the accused hath a right to * * * a speedy and public trial by an impartial jury * * In Beavers v. Haubert, 198 U. S. 77, 87 , 25 S. Ct. 573, 576 , 49 L. 1953In the alternative, defendants insist that, from the facts above outlined, they have not been accorded a speedy trial within the meaning of Article I, § 7 of the State Constitution which reads: “In all criminal prosecutions, the accused hath a right to * * * a speedy and public trial by an impartial jury * * In Beavers v. Haubert, 198 U. S. 77, 87 , 25 S. Ct. 573, 576 , 49 L. | 1 | 1953–1953 |