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10 Delaware opinions name it 3 courts 1970–2024 7 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 |
|---|---|---|
House v. Bellgreen2 sentences2022In those cases, Schlup v. Delo16 and its progeny, 14 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 15 Schlup v. Delo, 513 U.S. 298, 321 (1995). 16 Id. 6 “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.17 Schlup was concerned with cases where “a constitutional violation has probably resulted in the conviction of one who is actually innocent.”18 Envisioning a test in which a petitioner is “required to make a stronger showing than that needed to establish pr 2022In those cases, Schlup v. Delo17 and its progeny, “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.18 Schlup was concerned with cases where “a constitutional 15 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 16 Schlup v. Delo, 513 U.S. 298, 321 (1995). 17 Id. 18 McQuiggin v. Perkins, 569 U.S. 383 , 394–95 (2013). 6 violation has probably resulted in the conviction of one who is actually innocent.”19 Envisioning a test in which a petitioner is “required to m | 5 | 5 |
Herrera v. Collinsgreen2 sentences2022In those cases, Schlup v. Delo16 and its progeny, 14 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 15 Schlup v. Delo, 513 U.S. 298, 321 (1995). 16 Id. 6 “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.17 Schlup was concerned with cases where “a constitutional violation has probably resulted in the conviction of one who is actually innocent.”18 Envisioning a test in which a petitioner is “required to make a stronger showing than that needed to establish pr 2022In those cases, Schlup v. Delo17 and its progeny, “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.18 Schlup was concerned with cases where “a constitutional 15 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 16 Schlup v. Delo, 513 U.S. 298, 321 (1995). 17 Id. 18 McQuiggin v. Perkins, 569 U.S. 383 , 394–95 (2013). 6 violation has probably resulted in the conviction of one who is actually innocent.”19 Envisioning a test in which a petitioner is “required to m | 5 | 5 |
Schlup v. Delored2 sentences2022In those cases, Schlup v. Delo17 and its progeny, “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.18 Schlup was concerned with cases where “a constitutional 15 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 16 Schlup v. Delo, 513 U.S. 298, 321 (1995). 17 Id. 18 McQuiggin v. Perkins, 569 U.S. 383 , 394–95 (2013). 6 violation has probably resulted in the conviction of one who is actually innocent.”19 Envisioning a test in which a petitioner is “required to m 2022In those cases, Schlup v. Delo17 and its progeny, “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.18 Schlup was concerned with cases where “a constitutional 15 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 16 Schlup v. Delo, 513 U.S. 298, 321 (1995). 17 Id. 18 McQuiggin v. Perkins, 569 U.S. 383 , 394–95 (2013). 6 violation has probably resulted in the conviction of one who is actually innocent.”19 Envisioning a test in which a petitioner is “required to m | 5 | 5 |
George Cale Buckner v. Marvin Polk, Warden, Central Prison, Raleigh, North Carolinagreen2 sentences2022In those cases, Schlup v. Delo16 and its progeny, 14 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 15 Schlup v. Delo, 513 U.S. 298, 321 (1995). 16 Id. 6 “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.17 Schlup was concerned with cases where “a constitutional violation has probably resulted in the conviction of one who is actually innocent.”18 Envisioning a test in which a petitioner is “required to make a stronger showing than that needed to establish pr 2022In those cases, Schlup v. Delo17 and its progeny, “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.18 Schlup was concerned with cases where “a constitutional 15 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 16 Schlup v. Delo, 513 U.S. 298, 321 (1995). 17 Id. 18 McQuiggin v. Perkins, 569 U.S. 383 , 394–95 (2013). 6 violation has probably resulted in the conviction of one who is actually innocent.”19 Envisioning a test in which a petitioner is “required to m | 5 | 5 |
Murray v. Carriergreen2 sentences2022In those cases, Schlup v. Delo17 and its progeny, “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.18 Schlup was concerned with cases where “a constitutional 15 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 16 Schlup v. Delo, 513 U.S. 298, 321 (1995). 17 Id. 18 McQuiggin v. Perkins, 569 U.S. 383 , 394–95 (2013). 6 violation has probably resulted in the conviction of one who is actually innocent.”19 Envisioning a test in which a petitioner is “required to m 2022In those cases, Schlup v. Delo17 and its progeny, “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.18 Schlup was concerned with cases where “a constitutional 15 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 16 Schlup v. Delo, 513 U.S. 298, 321 (1995). 17 Id. 18 McQuiggin v. Perkins, 569 U.S. 383 , 394–95 (2013). 6 violation has probably resulted in the conviction of one who is actually innocent.”19 Envisioning a test in which a petitioner is “required to m | 5 | 5 |
Bryant Ex Rel. Perry v. Bayhealth Medical Center, Inc.green2 sentences2024To be sure, the Delaware courts are not bound to follow federal law, and when there are sound policy reasons for a different conclusion, the Delaware courts have gone their own way. 106 Here, however, 102 Id. at 126 (emphasis added). 103 Id. (emphasis added). 104 Id. 105 Id. at 126 n.33 (citations omitted) (alteration in original). 106 E.g., Cent. 2024To be sure, the Delaware courts are not bound to follow federal law, and when there are sound policy reasons for a different conclusion, the Delaware courts have gone their own way. 106 Here, however, 102 Id. at 126 (emphasis added). 103 Id. (emphasis added). 104 Id. 105 Id. at 126 n.33 (citations omitted) (alteration in original). 106 E.g., Cent. | 1 | 1 |
cluster 382058green1 sentence2015We therefore find certain federal cases appropriate for determining the proper interpretation of the Delaware Rules of Civil Procedure.”). 5 See Culbreath v. Dukakis, 630 F.2d 15, 20 (1st Cir. 1980) (citing Stallworth v. Monsanto Corp., 558 F.2d 257, 264 (5th Cir. 1977)); U.S. v. State of N.Y., 820 F.2d 554, 557 (2d Cir. 1987); South v. Rowe, 759 F.2d 610, 612 (7th Cir. 1985). | 1 | 1 |
Gary South v. Charles Rowegreen1 sentence2015We therefore find certain federal cases appropriate for determining the proper interpretation of the Delaware Rules of Civil Procedure.”). 5 See Culbreath v. Dukakis, 630 F.2d 15, 20 (1st Cir. 1980) (citing Stallworth v. Monsanto Corp., 558 F.2d 257, 264 (5th Cir. 1977)); U.S. v. State of N.Y., 820 F.2d 554, 557 (2d Cir. 1987); South v. Rowe, 759 F.2d 610, 612 (7th Cir. 1985). | 1 | 1 |
United States v. State Of New Yorkgreen1 sentence2015We therefore find certain federal cases appropriate for determining the proper interpretation of the Delaware Rules of Civil Procedure.”). 5 See Culbreath v. Dukakis, 630 F.2d 15, 20 (1st Cir. 1980) (citing Stallworth v. Monsanto Corp., 558 F.2d 257, 264 (5th Cir. 1977)); U.S. v. State of N.Y., 820 F.2d 554, 557 (2d Cir. 1987); South v. Rowe, 759 F.2d 610, 612 (7th Cir. 1985). | 1 | 1 |
Plummer v. Shermangreen1 sentence2015Although Delaware precedent on the meaning of “timely application” is limited, substantial case law examines the analogous requirement (i.e., the need to file a “timely motion”) in the Rule 24 of the Federal Rules of Civil Procedure. 4 Courts applying Federal Rule 24 have identified four factors to consider in determining whether an application for intervention is timely: (1) the length of time the movant knew or reasonably should have known of her interest before she petitioned to intervene; (2) prejudice to the existing parties due to failure to petition for intervention earlier; (3) the pre | 1 | 1 |
17 Fair empl.prac.cas. 528, 14 Empl. Prac. Dec. P 7813 Eddie Stallworth v. Monsanto Company v. J. W. Palmer, Movants-Appellantsgreen1 sentence2015We therefore find certain federal cases appropriate for determining the proper interpretation of the Delaware Rules of Civil Procedure.”). 5 See Culbreath v. Dukakis, 630 F.2d 15, 20 (1st Cir. 1980) (citing Stallworth v. Monsanto Corp., 558 F.2d 257, 264 (5th Cir. 1977)); U.S. v. State of N.Y., 820 F.2d 554, 557 (2d Cir. 1987); South v. Rowe, 759 F.2d 610, 612 (7th Cir. 1985). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McQuiggin v. Perkins
green
2 sentences2022In those cases, Schlup v. Delo16 and its progeny, 14 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 15 Schlup v. Delo, 513 U.S. 298, 321 (1995). 16 Id. 6 “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.17 Schlup was concerned with cases where “a constitutional violation has probably resulted in the conviction of one who is actually innocent.”18 Envisioning a test in which a petitioner is “required to make a stronger showing than that needed to establish pr 2022In those cases, Schlup v. Delo17 and its progeny, “actual innocence” constitutes an equitable exception to procedural barriers to a habeas petition set forth in federal statute that are analogous to Rule 61's procedural bars.18 Schlup was concerned with cases where “a constitutional 15 2021 WL 2470511 , at *55. [Footnotes and Citations Omitted] 16 Schlup v. Delo, 513 U.S. 298, 321 (1995). 17 Id. 18 McQuiggin v. Perkins, 569 U.S. 383 , 394–95 (2013). 6 violation has probably resulted in the conviction of one who is actually innocent.”19 Envisioning a test in which a petitioner is “required to m | 5 | 2021–2022 |
Silverman v. Silverman
green
1 sentence2021June 28, 2018), aff’d, 206 A.3d 825 (Del. 2019) (TABLE). 75 Federal courts employ an analogous doctrine for “actual innocence” in analyzing habeas corpus claims. | 1 | 2021–2021 |
cluster 715033
green
1 sentence1997Co-owners have been allowed to assert an analogous defense under the civil forfeiture provisions of the federal Crimes and Criminal Procedure Code. 2 See, e.g., United States v. 874 Gartel Drive, 9th Cir., 79 F.3d 918 (1996) (denying summary judgment against co-owner’s innocent owner defense). | 1 | 1997–1997 |
Pomilio v. Caserta
green
1 sentence1970Supr., 215 A.2d 924 (1965), and Giordano v. Czerwinski, Del.Supr., 216 A.2d 874 (1966). | 1 | 1970–1970 |
Layton v. Allen
green
1 sentence1970For an analogous rule of reasonable diligence in the application of statutes of limitations, compare Layton v. Allen, Del.Supr., 246 A.2d 794 (1968); Pomilio v. Caserta, Del. | 1 | 1970–1970 |
Giordano v. Czerwinski
green
1 sentence1970Supr., 215 A.2d 924 (1965), and Giordano v. Czerwinski, Del.Supr., 216 A.2d 874 (1966). | 1 | 1970–1970 |
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.