Lloyd test (Delaware) · Go Syfert
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Lloyd test in Delaware

9 Delaware opinions name it 2 courts 2021–2023 9 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 (5)

CaseFollowedCited
Gattis v. Stategreen
del · 2008 · cited in 6 Delaware opinions naming this issue, 2021–2023
2 sentences

2023The third element of the Lloyd test, specifying that actual innocence cannot be satisfied by evidence which is “merely cumulative or impeaching,” is also similar 27 513 U.S. at 329. 28 Id. at 330. 29 Schlup, 513 U.S. at 332–33 (O'Connor, J., concurring). 30 534 A.2d at 1267 (emphasis added). 31 771 A.2d at 291 (emphasis added); Gattis v. State, 955 A.2d 1276, 1291 (Del. 2008). 10 to Schlup's test.32 This element embodies the principle that a body of new evidence that goes only to the weight or credibility of that which was presented to the jury is almost never adequate to meet the demanding ba

2023The third element of the Lloyd test, specifying that actual innocence cannot be satisfied by evidence which is “merely cumulative or impeaching,” is also similar 27 513 U.S. at 329. 28 Id. at 330. 29 Schlup, 513 U.S. at 332–33 (O'Connor, J., concurring). 30 534 A.2d at 1267 (emphasis added). 31 771 A.2d at 291 (emphasis added); Gattis v. State, 955 A.2d 1276, 1291 (Del. 2008). 10 to Schlup's test.32 This element embodies the principle that a body of new evidence that goes only to the weight or credibility of that which was presented to the jury is almost never adequate to meet the demanding ba

66
Downes v. Stategreen
del · 2001 · cited in 6 Delaware opinions naming this issue, 2021–2023
2 sentences

2023The third element of the Lloyd test, specifying that actual innocence cannot be satisfied by evidence which is “merely cumulative or impeaching,” is also similar 27 513 U.S. at 329. 28 Id. at 330. 29 Schlup, 513 U.S. at 332–33 (O'Connor, J., concurring). 30 534 A.2d at 1267 (emphasis added). 31 771 A.2d at 291 (emphasis added); Gattis v. State, 955 A.2d 1276, 1291 (Del. 2008). 10 to Schlup's test.32 This element embodies the principle that a body of new evidence that goes only to the weight or credibility of that which was presented to the jury is almost never adequate to meet the demanding ba

2023The third element of the Lloyd test, specifying that actual innocence cannot be satisfied by evidence which is “merely cumulative or impeaching,” is also similar 27 513 U.S. at 329. 28 Id. at 330. 29 Schlup, 513 U.S. at 332–33 (O'Connor, J., concurring). 30 534 A.2d at 1267 (emphasis added). 31 771 A.2d at 291 (emphasis added); Gattis v. State, 955 A.2d 1276, 1291 (Del. 2008). 10 to Schlup's test.32 This element embodies the principle that a body of new evidence that goes only to the weight or credibility of that which was presented to the jury is almost never adequate to meet the demanding ba

66
Lloyd v. Stategreen
del · 1987 · cited in 8 Delaware opinions naming this issue, 2021–2023
2 sentences

2023The third element of the Lloyd test, specifying that actual innocence cannot be satisfied by evidence which is “merely cumulative or impeaching,” is also similar 27 513 U.S. at 329. 28 Id. at 330. 29 Schlup, 513 U.S. at 332–33 (O'Connor, J., concurring). 30 534 A.2d at 1267 (emphasis added). 31 771 A.2d at 291 (emphasis added); Gattis v. State, 955 A.2d 1276, 1291 (Del. 2008). 10 to Schlup's test.32 This element embodies the principle that a body of new evidence that goes only to the weight or credibility of that which was presented to the jury is almost never adequate to meet the demanding ba

2023The third element of the Lloyd test, specifying that actual innocence cannot be satisfied by evidence which is “merely cumulative or impeaching,” is also similar 27 513 U.S. at 329. 28 Id. at 330. 29 Schlup, 513 U.S. at 332–33 (O'Connor, J., concurring). 30 534 A.2d at 1267 (emphasis added). 31 771 A.2d at 291 (emphasis added); Gattis v. State, 955 A.2d 1276, 1291 (Del. 2008). 10 to Schlup's test.32 This element embodies the principle that a body of new evidence that goes only to the weight or credibility of that which was presented to the jury is almost never adequate to meet the demanding ba

58
Schlup v. Delored
scotus · 1995 · cited in 3 Delaware opinions naming this issue, 2021–2022
2 sentences

2022The third element of the Lloyd test, specifying that actual innocence cannot be satisfied by evidence which is “merely cumulative or impeaching,” is also similar to Schlup's test.37 This element embodies the principle that a body of new evidence 32 513 U.S. at 329 . 33 Id. at 330 . 34 Schlup, 513 U.S. at 332–33 (O'Connor, J., concurring). 35 534 A.2d at 1267 (emphasis added). 36 771 A.2d at 291 (emphasis added); Gattis v. State, 955 A.2d 1276, 1291 (Del. 2008). 37 534 A.2d at 1267 . 10 that goes only to the weight or credibility of that which was presented to the jury is almost never adequate

2022The third element of the Lloyd test, specifying that actual innocence cannot be satisfied by evidence which is “merely cumulative or impeaching,” is also similar to Schlup's test.37 This element embodies the principle that a body of new evidence 32 513 U.S. at 329 . 33 Id. at 330 . 34 Schlup, 513 U.S. at 332–33 (O'Connor, J., concurring). 35 534 A.2d at 1267 (emphasis added). 36 771 A.2d at 291 (emphasis added); Gattis v. State, 955 A.2d 1276, 1291 (Del. 2008). 37 534 A.2d at 1267 . 10 that goes only to the weight or credibility of that which was presented to the jury is almost never adequate

13
Revel v. Stategreen
del · 2008 · cited in 1 Delaware opinions naming this issue, 2021–2021
1 sentence

2021I’m going to talk to Eric [Lloyd], but don’t do that again.”86 Over Lloyd’s objection, the Superior Court allowed the testimony under the present sense impression exception to the hearsay rule. 87 On appeal, Lloyd 83 Revel v. State, 956 A.2d 23, 27 (Del. 2008). 84 Phillips, 154 A.3d at 1157. 85 App. to Opening Br. at A1240 (Testimony of Dante Sykes). 86 Id. 87 Id. 21 argues that the secretary’s statement did not qualify as a present sense impression.88 We review a trial court’s decision to admit or deny evidence for abuse of discretion.89 90 “Hearsay statements are generally inadmissible.” But

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 (3)

CaseCitedYears
Taylor v. State neutral
del · 2018
2 sentences

2022Dec. 16, 2020); Taylor v. State, 180 A.3d 41 , 2018 WL 655627 , at *1 (Del.

2022Dec. 16, 2020); Taylor v. State, 180 A.3d 41 , 2018 WL 655627 , at *1 (Del.

52021–2022
Dickerson v. State neutral
del · 2018
2 sentences

2022This three-part test is the standard for a new trial based on newly discovered evidence under Superior Court Criminal Rule 33 established by the Delaware Supreme Court in Lloyd v. State.27 Another Delaware Supreme Court case, Downes v. State,28 held that the Lloyd standard for 24 2017 WL 6205776 , at *5 (“Nonetheless, the federal standard is helpful under these circumstances, as the Court has found little guidance for interpreting the precise meaning of new evidence in relation to a claim of actual innocence pursuant to Rule 61(d)(2)(i).”), aff'd, 195 A.3d 780 (Del. 2018) (Table). 25 State v.

2022This three-part test is the standard for a new trial based on newly discovered evidence under Superior Court Criminal Rule 33 established by the Delaware Supreme Court in Lloyd v. State.27 Another Delaware Supreme Court case, Downes v. State,28 held that the Lloyd standard for 24 2017 WL 6205776 , at *5 (“Nonetheless, the federal standard is helpful under these circumstances, as the Court has found little guidance for interpreting the precise meaning of new evidence in relation to a claim of actual innocence pursuant to Rule 61(d)(2)(i).”), aff'd, 195 A.3d 780 (Del. 2018) (Table). 25 State v.

12022–2022
Phlipot v. State neutral
del · 2017
2 sentences

2021On both newness and persuasiveness, Purnell states that the Lloyd line of cases in Delaware substantially aligns with Schlup and its progeny at the federal level. 2019) (Table); Phlipot v. State, 169 A.3d 351 , 2017 WL 3014434 , at *1 (Del.

2021On both newness and persuasiveness, Purnell states that the Lloyd line of cases in Delaware substantially aligns with Schlup and its progeny at the federal level. 2019) (Table); Phlipot v. State, 169 A.3d 351 , 2017 WL 3014434 , at *1 (Del.

12021–2021

Where else courts name it

DE 9 (2021–2023) FL 5 (1990–2008) PA 5 (2016–2026) IN 5 (1999–2019) CA 4 (2003–2014) GA 4 (1993–2015) IA 3 (1985–2004) WV 3 (2008–2021) WA 3 (2003–2018) KS 2 (2014–2022) AL 2 (2004–2013) OK 2 (2014–2014) OH 2 (2019–2020)

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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