Edwards rule (Delaware) · Go Syfert
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Edwards rule in Delaware

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.

Followed or applied (9)

CaseFollowedCited
Smith v. Illinoisgreen
scotus · 1984 · cited in 5 Delaware opinions naming this issue, 1986–1996
2 sentences

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 .

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 .

15
Duren v. Missourigreen
scotus · 1979 · cited in 1 Delaware opinions naming this issue, 2017–2017
1 sentence

2017Duren 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

11
Williamson v. Stategreen
del · 2015 · cited in 1 Delaware opinions naming this issue, 2017–2017
1 sentence

2017Under 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

11
Crawford v. Stategreen
del · 1990 · cited in 1 Delaware opinions naming this issue, 1996–1996
1 sentence

1996Smith 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).

11
United States v. Fradygreen
scotus · 1982 · cited in 1 Delaware opinions naming this issue, 1990–1990
2 sentences

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 .

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 .

11
Wainwright v. Stategreen
del · 1986 · cited in 1 Delaware opinions naming this issue, 1989–1989
2 sentences

1989Wainwright v. State, 504 A.2d 1096, 1100 (1986).

1989Wainwright v. State, 504 A.2d 1096, 1100 (1986).

11
Miranda v. Arizonagreen
scotus · 1966 · cited in 1 Delaware opinions naming this issue, 1989–1989
2 sentences

1989See 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 .

11
Richard Gerald Jordan v. John C. Watkins, Commissioner, Mississippi Department of Correctionsgreen
ca5 · 1982 · cited in 1 Delaware opinions naming this issue, 1987–1987
2 sentences

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).

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).

11
Berry v. Stategreen
ga · 1985 · cited in 1 Delaware opinions naming this issue, 1987–1987
2 sentences

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).

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).

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 (8)

CaseCitedYears
Edwards v. Arizona green
scotus · 1981
2 sentences

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 .

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 .

21986–1988
Deberry v. State green
del · 1983
1 sentence

2017Dec. 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.

12017–2017
Johnson v. State green
del · 1983
1 sentence

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 .

11990–1990
Shea v. Louisiana green
scotus · 1985
2 sentences

1990Shea 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).

11990–1990
Solem v. Stumes green
scotus · 1984
2 sentences

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.

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.

11990–1990
Arizona v. Roberson green
scotus · 1988
2 sentences

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.

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.

11988–1988
Richard Gerald Jordan v. Morris L. Thigpen, Commissioner, Mississippi Department of Corrections green
ca5 · 1982
2 sentences

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).

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).

11987–1987
Oregon v. Bradshaw green
scotus · 1983
2 sentences

1986Edwards, 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 .

11986–1986

Where else courts name it

TX 92 (1986–2026) CA 77 (1981–2026) IL 57 (1980–2024) VA 52 (1986–2026) PA 35 (1986–2025) GA 31 (1986–2026) WI 30 (1973–2025) OH 25 (1988–2025) MS 23 (1992–2021) DC 20 (1977–2023) AL 20 (1980–2015) CO 18 (1989–2026) LA 18 (1982–2018) FL 17 (1981–2026) TN 16 (1985–2021) KS 16 (1994–2018) WA 15 (1982–2025) MI 13 (1983–2024) MO 13 (1912–2016) MN 13 (1989–2015) IN 13 (1987–2019) NJ 12 (1986–2025) DE 10 (1986–2017) AZ 10 (1977–2022) MD 10 (1993–2013) OR 9 (1986–2025) SC 9 (1978–2016) AK 8 (1983–2019) MA 8 (1991–2014) OK 8 (1974–2008) KY 6 (1973–2021) CT 6 (1991–2022) AR 6 (1988–2001) NC 6 (1985–2018) NV 5 (1985–2013) NY 5 (1979–2018) UT 4 (1984–2023) NE 4 (2018–2025) WY 4 (1991–2011) ME 4 (1990–2012) WV 4 (1995–2013) IA 4 (2003–2021) SD 4 (1990–2019) VT 3 (1986–1999) NM 3 (2012–2016) ID 3 (1982–2011) HI 2 (1983–2014) NH 2 (1983–2003) RI 2 (2002–2004) MT 2 (2009–2011)

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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