need defense (Delaware) · Go Syfert
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need defense in Delaware

13 Delaware opinions name it 3 courts 1990–2025 4 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.

Followed or applied (11)

CaseFollowedCited
cluster 1756green
· v. · cited in 3 Delaware opinions naming this issue, 2015–2016
2 sentences

2016Indeed, Dr. Finkelstein testified that he did not necessarily have full confidence that he received “all the matters about [Reyes’] factual history.”200 197 Strickland, 466 U.S. at 691 . 198 See Porter v. McCollum, 558 U.S. 30, 40 (2009) (the United States Supreme Court explained that a “fatalistic or uncooperative [client] . . . does not obviate the need for defense counsel to conduct some sort of mitigation investigation.”); see also Rompilla v. Beard, 545 U.S. 374 , 381- 83, 89–90 (2005) (determining that the defense counsel’s mitigation investigation was deficient notwithstanding the defen

2015In Porter v. McCollum,77 the United States Supreme Court explained that a “fatalistic or uncooperative [client] . . . does not obviate the need for defense counsel to conduct some sort of mitigation investigation.”78 Similarly, in Rompilla v. Beard,79 the United States Supreme Court determined that the defense counsel’s mitigation 76 Strickland, 466 U.S. at 691 . 77 558 U.S. 30 (2009). 78 Id. at 40 (alterations in original). 79 545 U.S. 374 (2005). 21 investigation was deficient notwithstanding the defendant’s minimal contributions and unwillingness to address his past.80 J.

33
Strickland v. Washingtongreen
scotus · 1984 · cited in 4 Delaware opinions naming this issue, 2015–2023
2 sentences

2023Were the Court to need a hearing on postconviction—where Mr. Goodman shoulders the burden (see supra note 28)—the State would be permitted to supplement its earlier- abbreviated sentencing presentation to counter Mr. Goodman’s now-minted prejudice claim; that is, to show Mr. Goodman is not due relief because he was, in fact, due the § 1448(e)(1)(c) enhancement. 44 Strickland, 466 U.S. at 694 (“The defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.”); Peters, 283 A.3d at 697 (for this

2016Indeed, Dr. Finkelstein testified that he did not necessarily have full confidence that he received “all the matters about [Reyes’] factual history.”200 197 Strickland, 466 U.S. at 691 . 198 See Porter v. McCollum, 558 U.S. 30, 40 (2009) (the United States Supreme Court explained that a “fatalistic or uncooperative [client] . . . does not obviate the need for defense counsel to conduct some sort of mitigation investigation.”); see also Rompilla v. Beard, 545 U.S. 374 , 381- 83, 89–90 (2005) (determining that the defense counsel’s mitigation investigation was deficient notwithstanding the defen

14
Rompilla v. Beardred
scotus · 2005 · cited in 3 Delaware opinions naming this issue, 2015–2016
2 sentences

2016Indeed, Dr. Finkelstein testified that he did not necessarily have full confidence that he received “all the matters about [Reyes’] factual history.”200 197 Strickland, 466 U.S. at 691 . 198 See Porter v. McCollum, 558 U.S. 30, 40 (2009) (the United States Supreme Court explained that a “fatalistic or uncooperative [client] . . . does not obviate the need for defense counsel to conduct some sort of mitigation investigation.”); see also Rompilla v. Beard, 545 U.S. 374 , 381- 83, 89–90 (2005) (determining that the defense counsel’s mitigation investigation was deficient notwithstanding the defen

2015In Porter v. McCollum,77 the United States Supreme Court explained that a “fatalistic or uncooperative [client] . . . does not obviate the need for defense counsel to conduct some sort of mitigation investigation.”78 Similarly, in Rompilla v. Beard,79 the United States Supreme Court determined that the defense counsel’s mitigation 76 Strickland, 466 U.S. at 691 . 77 558 U.S. 30 (2009). 78 Id. at 40 (alterations in original). 79 545 U.S. 374 (2005). 21 investigation was deficient notwithstanding the defendant’s minimal contributions and unwillingness to address his past.80 J.

13
Heathergreen Commons Condominium Ass'n v. Paulgreen
delch · 1985 · cited in 1 Delaware opinions naming this issue, 2025–2025
1 sentence

2025Ass’n v. Paul, 503 A.2d 636, 645 (Del.

11
Shepard v. United Statesgreen
scotus · 2005 · cited in 1 Delaware opinions naming this issue, 2023–2023
1 sentence

2023Were the Court to need a hearing on postconviction—where Mr. Goodman shoulders the burden (see supra note 28)—the State would be permitted to supplement its earlier- abbreviated sentencing presentation to counter Mr. Goodman’s now-minted prejudice claim; that is, to show Mr. Goodman is not due relief because he was, in fact, due the § 1448(e)(1)(c) enhancement. 44 Strickland, 466 U.S. at 694 (“The defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.”); Peters, 283 A.3d at 697 (for this

11
United States v. 22.80 Acres of Landgreen
cand · 1985 · cited in 1 Delaware opinions naming this issue, 2022–2022
1 sentence

2022Va. July 18, 2011) (“Plaintiff cannot meet the standard of ‘exceptional circumstances’ because it cannot even meet the lower threshold of ‘substantial need.’”); U.S. v. 22.80 Acres of Land, 107 F.R.D. 20, 23 (N.D.

11
Gatz Properties, LLC v. Auriga Capital Corp.green
del · 2012 · cited in 1 Delaware opinions naming this issue, 2021–2021
1 sentence

2021Corp., 59 A.3d 1206, 1218 (Del. 2012) (noting that contractual provisions establishing a fiduciary standard in the limited liability company agreement may preclude the need for analysis of statutory standards). 64 See, e.g., Pls.’ OB 6. 65 See Fortis Advisors LLC v. Allergan W.C.

11
Briscoe v. Stategreen
del · 1992 · cited in 1 Delaware opinions naming this issue, 2019–2019
1 sentence

2019Therefore, whether Tingle had waived his right to counsel was not an issue, and no separate colloquy on the topic of self-representation was required. 31 Id. at 107 (emphasis in original). 9 Second, Tingle’s argument hinges on what he characterizes his “tacit request to represent himself at trial.”32 He claims that his questioning of the trial judge about whether he could make an objection triggered the need for an inquiry into whether Tingle wished to exercise his right to self-representation.

11
District of Columbia v. Hellergreen
scotus · 2008 · cited in 1 Delaware opinions naming this issue, 2017–2017
2 sentences

2017Third, the Heller Court's statement that “the need for defense of self, family, and property” is "most acute” in the home, 554 U.S. at 628 , 128 S.Ct. 2783 (emphasis added), suggests that the need must be less acute elsewhere—-but nonetheless present.

2017Third, the Heller Court's statement that “the need for defense of self, family, and property” is "most acute” in the home, 554 U.S. at 628 , 128 S.Ct. 2783 (emphasis added), suggests that the need must be less acute elsewhere—-but nonetheless present.

11
Valente v. Pepsico, Inc.green
ded · 1975 · cited in 1 Delaware opinions naming this issue, 1990–1990
1 sentence

1990See generally, Riggs, supra. Moreover, “[t]he more general and important right of those who look to fiduciaries to safeguard their interests, to be able to determine the proper functioning of the fiduciary, outweighs the need for the privilege and its base of attorney-client confidence.” Valente, 68 F.R.D. at 369-70, n. 16 .

11
Riggs National Bank of Washington, D. C. v. Zimmergreen
delch · 1976 · cited in 1 Delaware opinions naming this issue, 1990–1990
1 sentence

1990See generally, Riggs, supra. Moreover, “[t]he more general and important right of those who look to fiduciaries to safeguard their interests, to be able to determine the proper functioning of the fiduciary, outweighs the need for the privilege and its base of attorney-client confidence.” Valente, 68 F.R.D. at 369-70, n. 16 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Fink v. State green
del · 2003
1 sentence

2019This Court need not rule on the issue of temporal scope because Defendant demonstrated that even if the State had probable cause to search the Verizon Wireless records for RTT 31 State’s Resp. at 4. 32 74 A. 3d 655 (TABLE) (Del. 2013). 33 Id. at *4. 34 See id,; Fink v. State, 817 A. 2d 781 (Del.

12019–2019
Drake v. Filko green
ca3 · 2013
2 sentences

2017Drake, 724 F.3d at 444 .

2017Drake, 724 F.3d at 444 .

12017–2017
Towne Realty, Inc. v. Zurich Insurance green
wis · 1996
2 sentences

2016Co., 548 N.W.2d 64 , 67 n.2 (Wis. 1996). 43 Id. 44 Id. at 65 . 45 Id. 46 Id. at 67 . 47 Id. 9 Importantly, Travelers did not follow the clearly defined practice under Wisconsin law for contesting the need to provide a defense or to indemnify.

2016Co., 548 N.W.2d 64 , 67 n.2 (Wis. 1996). 43 Id. 44 Id. at 65 . 45 Id. 46 Id. at 67 . 47 Id. 9 Importantly, Travelers did not follow the clearly defined practice under Wisconsin law for contesting the need to provide a defense or to indemnify.

12016–2016
In Re Justice of the Peace Pitt green
del · 1988
1 sentence

1995Petition of Pitt, 541 A.2d at 557 .

11995–1995

Statutes the citing opinions construe

DE § 11 Del. C. § 4209 (3)

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.

Where else courts name it

NY 128 (1919–2026) CA 103 (1953–2025) TX 87 (1978–2025) IL 67 (1955–2025) OH 50 (1988–2026) LA 49 (1956–2023) NJ 49 (1960–2026) FL 45 (1973–2019) PA 43 (1951–2024) CT 35 (1973–2024) MI 30 (1970–2025) DC 29 (1978–2024) MA 29 (1895–2025) IN 24 (1976–2020) OR 23 (1985–2025) WA 22 (1944–2025) MO 21 (1982–2024) CO 21 (1984–2025) MD 19 (1988–2024) IA 19 (1960–2025) WI 18 (1975–2023) TN 16 (1978–2024) NM 15 (1980–2023) NC 14 (1982–2025) DE 13 (1990–2025) AZ 13 (1968–2024) KS 12 (1980–2025) ID 11 (1972–2021) MS 9 (1980–2017) WV 9 (1975–2017) VA 9 (1967–2013) AK 9 (1982–2025) NH 9 (1979–2018) AL 9 (1994–2016) GA 9 (1925–2025) RI 8 (1979–2010) SC 8 (2007–2011) ME 8 (1978–2025) MN 7 (1966–2024) UT 7 (1995–2022) KY 7 (1985–2025) HI 6 (2000–2020) WY 6 (1966–2006) VT 5 (1991–2018) OK 5 (1988–2023) NE 4 (1998–2022) NV 4 (2016–2017) MT 4 (1989–2015) AR 4 (1982–2020) SD 2 (2005–2025) ND 2 (1979–1983)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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