state constitutional rule in Delaware

9 Delaware opinions name it 2 courts 1971–2024 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 (9)

Case	Followed	Cited
Wallace v. Stategreen del · 2008 · cited in 2 Delaware opinions naming this issue, 2017–2022 2 sentences 2022Nor is the prosecutor alleged to have goaded a mistrial. 43 See Poteat, 840 A.2d at 601 . 44 See Motion to Dismiss, ¶¶ 15-30. 45 745 A.2d 856 (Del 1999). 46 Defendant argues: “To properly raise a state constitutional violation, a party ‘should include a discussion and analysis of one or more of the following non-exclusive criteria: textual language, legislative history, preexisting state law, structural differences, matters of particular state interest or local concerns, state traditions, and public attitudes.’” See Motion to Dismiss, ¶ 31 (quoting Wallace v. State, 956 A.2d 630 , 637–38 (Del. 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del.	1	2
Sykes v. Stategreen del · 2008 · cited in 2 Delaware opinions naming this issue, 2017–2022 2 sentences 2022White’s first ground for relief is that his trial counsel were ineffective for failing to call Ashley Gonzalez as a defense witness because she would have presented testimony that would have corroborated White's defense that he was 64 See Sykes v. State, 953 A.2d 261 , 266 n.5 (Del.2008) (“Sykes’s conclusory assertion that his rights under the Delaware Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”). 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del.	1	2
United States v. John Leslie Head, Jr.green ca5 · 1978 · cited in 1 Delaware opinions naming this issue, 2023–2023 1 sentence 2023In Lolly, the Delaware Supreme Court explained that, pursuant to Deberry, “the State . . . is obligated to preserve evidence which is material to a defendant’s guilt or innocence as a matter of federal 116 See Head, 586 F.2d at 511 (explaining that the Jencks Act imposes no obligation to create Jencks material). 117 Monceaux v. State, 51 A.3d 474, 477 (Del. 2012) (quoting Spencer v. State of Texas, 385 U.S. 554 , 563–64 (1967)). 118 State v. Kolaco, 2020 WL 7334176 , at *7 (Del.	1	1
Monceaux v. Stategreen del · 2012 · cited in 1 Delaware opinions naming this issue, 2023–2023 1 sentence 2023In Lolly, the Delaware Supreme Court explained that, pursuant to Deberry, “the State . . . is obligated to preserve evidence which is material to a defendant’s guilt or innocence as a matter of federal 116 See Head, 586 F.2d at 511 (explaining that the Jencks Act imposes no obligation to create Jencks material). 117 Monceaux v. State, 51 A.3d 474, 477 (Del. 2012) (quoting Spencer v. State of Texas, 385 U.S. 554 , 563–64 (1967)). 118 State v. Kolaco, 2020 WL 7334176 , at *7 (Del.	1	1
Sullins v. Stategreen del · 2007 · cited in 1 Delaware opinions naming this issue, 2022–2022 1 sentence 2022Nor is the prosecutor alleged to have goaded a mistrial. 43 See Poteat, 840 A.2d at 601 . 44 See Motion to Dismiss, ¶¶ 15-30. 45 745 A.2d 856 (Del 1999). 46 Defendant argues: “To properly raise a state constitutional violation, a party ‘should include a discussion and analysis of one or more of the following non-exclusive criteria: textual language, legislative history, preexisting state law, structural differences, matters of particular state interest or local concerns, state traditions, and public attitudes.’” See Motion to Dismiss, ¶ 31 (quoting Wallace v. State, 956 A.2d 630 , 637–38 (Del.	1	1
Commonwealth v. Thomasgreen pa · 1986 · cited in 1 Delaware opinions naming this issue, 2019–2019 2 sentences 2019See Commonwealth v. Thomas, 510 Pa. 106 , 507 A.2d 57 , 59 n.6 (1986) (Pennsylvania Supreme Court faced with a state constitutional claim that a prior conviction entered without assistance of counsel could not be used to enhance the penalty for a subsequent offense observed, "any differences that may exist between the right to counsel granted by the Federal Constitution and the right to counsel granted by the Pennsylvania Constitution are not relevant in this case."). 2019See Commonwealth v. Thomas, 510 Pa. 106 , 507 A.2d 57 , 59 n.6 (1986) (Pennsylvania Supreme Court faced with a state constitutional claim that a prior conviction entered without assistance of counsel could not be used to enhance the penalty for a subsequent offense observed, "any differences that may exist between the right to counsel granted by the Federal Constitution and the right to counsel granted by the Pennsylvania Constitution are not relevant in this case.").	1	1
Jackson v. Stategreen del · 2009 · cited in 1 Delaware opinions naming this issue, 2017–2017 2 sentences 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del. 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del.	1	1
Jenkins v. Stategreen del · 2009 · cited in 1 Delaware opinions naming this issue, 2017–2017 2 sentences 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del. 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del.	1	1
State v. Laroccogreen utah · 1990 · cited in 1 Delaware opinions naming this issue, 1999–1999 2 sentences 1999See State v. Larocco, Utah Supr., 794 P.2d 460, 473 (1990). 1999See State v. Larocco, Utah Supr., 794 P.2d 460, 473 (1990).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

Case	Cited	Years
Dorsey v. State green del · 2000 1 sentence 2024Oct. 24, 2023); Juliano v. State, 254 A.3d 369 , 372 (Del. 2020); Dorsey, 761 A.2d at 820 . 158 Davis v. State, 2023 WL 7382873 , at *4 (Del.	1	2024–2024
Spencer v. Texas green scotus · 1966 1 sentence 2023In Lolly, the Delaware Supreme Court explained that, pursuant to Deberry, “the State . . . is obligated to preserve evidence which is material to a defendant’s guilt or innocence as a matter of federal 116 See Head, 586 F.2d at 511 (explaining that the Jencks Act imposes no obligation to create Jencks material). 117 Monceaux v. State, 51 A.3d 474, 477 (Del. 2012) (quoting Spencer v. State of Texas, 385 U.S. 554 , 563–64 (1967)). 118 State v. Kolaco, 2020 WL 7334176 , at *7 (Del.	1	2023–2023
Oregon v. Kennedy green scotus · 1982 1 sentence 2022Nor is the prosecutor alleged to have goaded a mistrial. 43 See Poteat, 840 A.2d at 601 . 44 See Motion to Dismiss, ¶¶ 15-30. 45 745 A.2d 856 (Del 1999). 46 Defendant argues: “To properly raise a state constitutional violation, a party ‘should include a discussion and analysis of one or more of the following non-exclusive criteria: textual language, legislative history, preexisting state law, structural differences, matters of particular state interest or local concerns, state traditions, and public attitudes.’” See Motion to Dismiss, ¶ 31 (quoting Wallace v. State, 956 A.2d 630 , 637–38 (Del.	1	2022–2022
Jones v. State green del · 1999 1 sentence 2022Nor is the prosecutor alleged to have goaded a mistrial. 43 See Poteat, 840 A.2d at 601 . 44 See Motion to Dismiss, ¶¶ 15-30. 45 745 A.2d 856 (Del 1999). 46 Defendant argues: “To properly raise a state constitutional violation, a party ‘should include a discussion and analysis of one or more of the following non-exclusive criteria: textual language, legislative history, preexisting state law, structural differences, matters of particular state interest or local concerns, state traditions, and public attitudes.’” See Motion to Dismiss, ¶ 31 (quoting Wallace v. State, 956 A.2d 630 , 637–38 (Del.	1	2022–2022
Poteat v. State green del · 2003 1 sentence 2022Nor is the prosecutor alleged to have goaded a mistrial. 43 See Poteat, 840 A.2d at 601 . 44 See Motion to Dismiss, ¶¶ 15-30. 45 745 A.2d 856 (Del 1999). 46 Defendant argues: “To properly raise a state constitutional violation, a party ‘should include a discussion and analysis of one or more of the following non-exclusive criteria: textual language, legislative history, preexisting state law, structural differences, matters of particular state interest or local concerns, state traditions, and public attitudes.’” See Motion to Dismiss, ¶ 31 (quoting Wallace v. State, 956 A.2d 630 , 637–38 (Del.	1	2022–2022
Betts v. State green del · 2009 2 sentences 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del. 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del.	1	2017–2017
Ortiz v. State green del · 2005 2 sentences 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del. 2017In footnote 4, the Supreme Court expressly wamed, “In the future, conclusory assertions that the Delaware Constitution has been violated will be considered to be waived on appeal.”27 Stevens has made no attempt 25 See Sykes v. State , 953 A.2d 261 , 266 n. 5 (Del. 2008)(“Sykes’s conclusory assertion that his rights under the DelaWare Constitution have been violated results in his waiving the State constitutional law aspect of this argument.”); See also Jackson v. State, 990 A.2d 1281, 1288 (Del. 2009); Betts v. State, 983 A.2d 75 , 76 n. 3 (Del. 2009); Jenkins v. State, 970 A.2d 154, 158 (Del.	1	2017–2017
United States v. Calandra green scotus · 1974 1 sentence 1999(July 19, 1996) (Mem.Op.). [87] Calandra, 414 U.S. at 348 , 94 S.Ct. 613 . [88] In a 1990 opinion, the Utah Supreme Court identified 18 states that had adopted an independent state constitutional rule barring the use of illegally seized evidence.	1	1999–1999
Bailey v. State green del · 1987 1 sentence 1987Bailey v. State, Del.Supr., 521 A.2d. 1069 (1987). 6 .	1	1987–1987
In Re Clark's Estate. Brunstetter v. City of Miami neutral ca5 · 1951 1 sentence 1971For the federal constitutional rule, see E. g., Dohany v. Rogers, 281 U.S. 362 , 50 S.Ct. 299 , 74 L.Ed. 904 (1929); In re Clark’s Estate (5 Cir., 1951) 187 F.2d 1003 ; for the state constitutional rule, see E. g., Leadville Water Co. v. Parkville Water District, 164 Colo. 362 , 436 P.2d 659 (1968); In re Condemnation of Property of J.	1	1971–1971
Dohany v. Rogers green scotus · 1930 2 sentences 1971For the federal constitutional rule, see E. g., Dohany v. Rogers, 281 U.S. 362 , 50 S.Ct. 299 , 74 L.Ed. 904 (1929); In re Clark’s Estate (5 Cir., 1951) 187 F.2d 1003 ; for the state constitutional rule, see E. g., Leadville Water Co. v. Parkville Water District, 164 Colo. 362 , 436 P.2d 659 (1968); In re Condemnation of Property of J. 1971For the federal constitutional rule, see E. g., Dohany v. Rogers, 281 U.S. 362 , 50 S.Ct. 299 , 74 L.Ed. 904 (1929); In re Clark’s Estate (5 Cir., 1951) 187 F.2d 1003 ; for the state constitutional rule, see E. g., Leadville Water Co. v. Parkville Water District, 164 Colo. 362 , 436 P.2d 659 (1968); In re Condemnation of Property of J.	1	1971–1971
Kling Appeal green pa · 1969 2 sentences 1971Ward Kling, 433 Pa. 118 , 249 A.2d 552 (1969); 4 Nichols on Eminent Domain, § 14.249(4). 1971Ward Kling, 433 Pa. 118 , 249 A.2d 552 (1969); 4 Nichols on Eminent Domain, § 14.249(4).	1	1971–1971
Leadville Water Co. v. Parkville Water District green colo · 1967 2 sentences 1971For the federal constitutional rule, see E. g., Dohany v. Rogers, 281 U.S. 362 , 50 S.Ct. 299 , 74 L.Ed. 904 (1929); In re Clark’s Estate (5 Cir., 1951) 187 F.2d 1003 ; for the state constitutional rule, see E. g., Leadville Water Co. v. Parkville Water District, 164 Colo. 362 , 436 P.2d 659 (1968); In re Condemnation of Property of J. 1971For the federal constitutional rule, see E. g., Dohany v. Rogers, 281 U.S. 362 , 50 S.Ct. 299 , 74 L.Ed. 904 (1929); In re Clark’s Estate (5 Cir., 1951) 187 F.2d 1003 ; for the state constitutional rule, see E. g., Leadville Water Co. v. Parkville Water District, 164 Colo. 362 , 436 P.2d 659 (1968); In re Condemnation of Property of J.	1	1971–1971

Where else courts name it

CT 256 (1984–2026) WA 153 (1980–2026) NM 93 (1988–2025) CA 90 (1969–2024) NH 90 (1982–2025) PA 70 (1985–2025) UT 61 (1988–2025) OR 60 (1983–2025) TX 56 (1973–2024) IA 50 (1995–2026) WY 48 (1991–2025) NY 46 (1981–2026) IN 45 (1980–2025) TN 26 (1993–2017) MD 22 (1967–2025) ID 19 (1980–2025) NC 16 (1985–2022) MI 15 (1984–2025) NJ 15 (1975–2026) GA 14 (1982–2025) MA 13 (1981–2018) VT 12 (1985–2020) MN 11 (1980–2025) AZ 10 (1986–2024) OK 10 (1985–2013) WI 9 (1998–2019) ME 9 (1985–2025) HI 9 (2004–2024) DE 9 (1971–2024) FL 8 (1995–2025) AK 8 (1979–2024) IL 6 (2003–2026) RI 5 (1980–2007) KS 5 (1998–2026) ND 4 (1999–2005) CO 3 (1992–2020) MT 3 (1980–2017) MO 2 (1979–2016) OH 2 (1995–1995)

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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