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10 Delaware opinions name it 2 courts 1986–2017 0 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 |
|---|---|---|
Smith v. Illinoisgreen2 sentences1987The Edwards analysis requires that we first determine “whether the accused actually invoked [her] right to counsel.” Smith, 469 U.S. at 95 , 105 S.Ct. at 493 . 1987The Edwards analysis requires that we first determine “whether the accused actually invoked [her] right to counsel.” Smith, 469 U.S. at 95 , 105 S.Ct. at 493 . | 1 | 5 |
Duren v. Missourigreen1 sentence2017Duren v. Mi.rsouri, 439 U.S. 357, 363-64 (1979). ll there were only five blacks in the jury pool.32 Edwards further contends that the State used its peremptory challenges to strike black jurors.3~” (23) In his two-part jury diversity claim, Edwards is required to make a prima facie showing of an inii'ingement of the fair cross-section requirement34 and that the State used its peremptory challenges on the basis of race.35 Edwards did not raise either part of the claim in the Superior Court. ln the absence of the Superior Court’s consideration of the claim, the Court declines to consider the cla | 1 | 1 |
Williamson v. Stategreen1 sentence2017Under de novo review, the Court concludes that the evidence at trial was sufficient for the jury to find, beyond a reasonable doubt, that the Exxon manager incurred a “physical injury“ as that term is used in the first degree robbery statute.30 Edwards’ claim to the contrary is without merit. (22) In his final claim on appeal, Edwards contends that the jury selection process in his case was flawed because the jury pool was not sufficiently diverse.31 Relying on a document he submitted with his written points, Edwards contends that 29 Williamson v. State, 113 A.3d 155, 159 (Del. 2015). 30 See s | 1 | 1 |
Crawford v. Stategreen1 sentence1996Smith v. Illinois, 469 U.S. 91, 95 , 105 S.Ct. 490, 492-93 , 83 L.Ed.2d 488 (1984); Crawford v. State, Del.Supr., 580 A.2d 571, 574 (1990). | 1 | 1 |
United States v. Fradygreen2 sentences1990United States v. Frady, 456 U.S. 152, 172-74 , 102 S.Ct. 1584, 1596-97 , 71 L.Ed.2d 816, 833-834 (1982); Johnson, 460 A.2d at 541 . 1990United States v. Frady, 456 U.S. 152, 172-74 , 102 S.Ct. 1584, 1596-97 , 71 L.Ed.2d 816, 833-834 (1982); Johnson, 460 A.2d at 541 . | 1 | 1 |
Wainwright v. Stategreen2 sentences1989Wainwright v. State, 504 A.2d 1096, 1100 (1986). 1989Wainwright v. State, 504 A.2d 1096, 1100 (1986). | 1 | 1 |
Miranda v. Arizonagreen2 sentences1989See Miranda v. Arizona, 384 U.S. at 444 , 86 S.Ct. at 1612 . 1989See Miranda v. Arizona, 384 U.S. at 444 , 86 S.Ct. at 1612 . | 1 | 1 |
Richard Gerald Jordan v. John C. Watkins, Commissioner, Mississippi Department of Correctionsgreen2 sentences1987Jordan v. Watkins, 681 F.2d 1067, 1073-74 (5th Cir.) reh’g denied, Jordan v. Thigpen, 688 F.2d 395 (5th Cir.1982); Berry v. State, Ga.Supr., 254 Ga. 101 , 326 S.E.2d 748, 751 (1985). 1987Jordan v. Watkins, 681 F.2d 1067, 1073-74 (5th Cir.) reh’g denied, Jordan v. Thigpen, 688 F.2d 395 (5th Cir.1982); Berry v. State, Ga.Supr., 254 Ga. 101 , 326 S.E.2d 748, 751 (1985). | 1 | 1 |
Berry v. Stategreen2 sentences1987Jordan v. Watkins, 681 F.2d 1067, 1073-74 (5th Cir.) reh’g denied, Jordan v. Thigpen, 688 F.2d 395 (5th Cir.1982); Berry v. State, Ga.Supr., 254 Ga. 101 , 326 S.E.2d 748, 751 (1985). 1987Jordan v. Watkins, 681 F.2d 1067, 1073-74 (5th Cir.) reh’g denied, Jordan v. Thigpen, 688 F.2d 395 (5th Cir.1982); Berry v. State, Ga.Supr., 254 Ga. 101 , 326 S.E.2d 748, 751 (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 |
|---|---|---|
Edwards v. Arizona
green
2 sentences1988Even more troubling is the attempted application of the Edwards rule to the facts of this case. *814 In Edwards , the United States Supreme Court held that “when an accused invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights.” 1 451 U.S. at 484 , 101 S.Ct. at 1884 . 1988Even more troubling is the attempted application of the Edwards rule to the facts of this case. *814 In Edwards , the United States Supreme Court held that “when an accused invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights.” 1 451 U.S. at 484 , 101 S.Ct. at 1884 . | 2 | 1986–1988 |
Deberry v. State
green
1 sentence2017Dec. 17, 2004) (citing Hammond v. State, 569 Q.2d 81, 87-90 (Del. 1990)). l Id. the notes were exculpatory, the notes would have added little to Edwards’ defense. | 1 | 2017–2017 |
Johnson v. State
green
1 sentence1990United States v. Frady, 456 U.S. 152, 172-74 , 102 S.Ct. 1584, 1596-97 , 71 L.Ed.2d 816, 833-834 (1982); Johnson, 460 A.2d at 541 . | 1 | 1990–1990 |
Shea v. Louisiana
green
2 sentences1990Shea v. Louisiana, 470 U.S. 51 , 105 S.Ct. 1065 , 84 L.Ed.2d 38 (1985). 1990Shea v. Louisiana, 470 U.S. 51 , 105 S.Ct. 1065 , 84 L.Ed.2d 38 (1985). | 1 | 1990–1990 |
Solem v. Stumes
green
2 sentences1990Although the Edwards rule is not applicable retroactively, Solem v. Stumes, 465 U.S. 638 , 104 S.Ct. 1338 , 79 L.Ed.2d 579 (1984), it may be applicable to cases pending on appeal in state courts at the time of the Edwards decision. 1990Although the Edwards rule is not applicable retroactively, Solem v. Stumes, 465 U.S. 638 , 104 S.Ct. 1338 , 79 L.Ed.2d 579 (1984), it may be applicable to cases pending on appeal in state courts at the time of the Edwards decision. | 1 | 1990–1990 |
Arizona v. Roberson
green
2 sentences1988The decision in Mosley was recently distinguished by the Court in Arizona v. Roberson, — U.S. -, 108 S.Ct. 2093 , 100 L.Ed.2d 704 (1988), a case in which the Edwards rule was applied to bar a police-initiated interrogation on a separate crime, on the ground that a suspect’s decision to cut off questioning, unlike his request for counsel, does not raise the presumption that he is unable to proceed without a lawyer’s advice. 1988The decision in Mosley was recently distinguished by the Court in Arizona v. Roberson, — U.S. -, 108 S.Ct. 2093 , 100 L.Ed.2d 704 (1988), a case in which the Edwards rule was applied to bar a police-initiated interrogation on a separate crime, on the ground that a suspect’s decision to cut off questioning, unlike his request for counsel, does not raise the presumption that he is unable to proceed without a lawyer’s advice. | 1 | 1988–1988 |
Richard Gerald Jordan v. Morris L. Thigpen, Commissioner, Mississippi Department of Corrections
green
2 sentences1987Jordan v. Watkins, 681 F.2d 1067, 1073-74 (5th Cir.) reh’g denied, Jordan v. Thigpen, 688 F.2d 395 (5th Cir.1982); Berry v. State, Ga.Supr., 254 Ga. 101 , 326 S.E.2d 748, 751 (1985). 1987Jordan v. Watkins, 681 F.2d 1067, 1073-74 (5th Cir.) reh’g denied, Jordan v. Thigpen, 688 F.2d 395 (5th Cir.1982); Berry v. State, Ga.Supr., 254 Ga. 101 , 326 S.E.2d 748, 751 (1985). | 1 | 1987–1987 |
Oregon v. Bradshaw
green
2 sentences1986Edwards, 451 U.S. at 485 , 101 S.Ct. at 1885 ; Bradshaw, 103 S.Ct. at 2834 . 1986Edwards, 451 U.S. at 485 , 101 S.Ct. at 1885 ; Bradshaw, 103 S.Ct. at 2834 . | 1 | 1986–1986 |
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.