second part test (Delaware) · Go Syfert
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second part test in Delaware

6 Delaware opinions name it 2 courts 1997–2026 3 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 (2)

CaseFollowedCited
United States v. $38,000.00 in United States Currency, David English and Michael William English, Claimants-Appellantsgreen
ca11 · 1987 · cited in 1 Delaware opinions naming this issue, 2018–2018
1 sentence

2018In claiming the money, the Petitioner was expected to “show by a preponderance of the evidence an alternate source for the funds” which requires more than just a possibility of a 9 In re Matter ofOne Mercedes BenzAuto., 644 A.2d 423, at fn. 5 , citing $38, 000. 00 in Um`ted States Currency, 816 F.2d 1538, 1543 (l lth Cir. 1987) (recognizing that a claimant need not own the property to have standing to contest its forfeiture, but rather a lawful possessory interest is sufficient). legitimate source for the cash.10 Petitioner (1) did not provide sufficient evidence that the cash was related to l

11
McMann v. Richardsongreen
scotus · 1970 · cited in 1 Delaware opinions naming this issue, 2017–2017
2 sentences

2017The plea and sentence appear manifestly reasonable Among other charges, Mr. Pickle was indicted with twenty-six counts of rape in the third degree, which carry a collective maximum penalty of six-hundred and fifty years of level five incarceration Pursuant to his plea deal, Mr. Pickle was sentenced to only twenty-five years of incarceration-less than four percent of the 17 Ia'. 18 See id. at 56 (citing McMann v. Richardson, 397 U.S. 759, 771 (1970)). 19 Id. 11 State v. Robert J.

2017The plea and sentence appear manifestly reasonable Among other charges, Mr. Pickle was indicted with twenty-six counts of rape in the third degree, which carry a collective maximum penalty of six-hundred and fifty years of level five incarceration Pursuant to his plea deal, Mr. Pickle was sentenced to only twenty-five years of incarceration-less than four percent of the 17 Ia'. 18 See id. at 56 (citing McMann v. Richardson, 397 U.S. 759, 771 (1970)). 19 Id. 11 State v. Robert J.

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 (5)

CaseCitedYears
Armstrong v. Council of the Devon green
del · 2018
1 sentence

2026Oct. 1, 2018), aff’d, 198 A.3d 724 (Del. 2018) (discussing carve-outs in the MAE context). 66 Mark III APA § 4.12(d). 67 Mark III APA, Schedule 4.12(d). - 13 - states which properties have and don’t have “direct access.”68 Crucially, however, the Schedule doesn’t state that the Seller lacks or is not transferring the as- previously-Section-warranted indirect access to any location.69 The absence of direct access triggers the second part of the clause, namely that the Seller possesses indirect access—“the legal and transferrable right either by easement or license to such commercially reasonabl

12026–2026
Strickland v. Washington green
scotus · 1984
1 sentence

2025R. 61 (June 4, 2014); Cooke, 2025 WL 16395 , at *23. 28 466 U.S. 668 (1984). 12 reasonableness,”29 and (ii) “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.”30 Under the first part of the Strickland test—the performance prong—there is “a strong presumption that counsel’s conduct falls within a wide range of reasonable professional assistance.”31 Where “an attorney makes a strategic choice after thorough investigation of law and facts relevant to plausible options,” the presumption that an attorney acted re

12025–2025
A.W. v. Marelli green
utahctapp · 2024
2 sentences

2025The Plaintiffs’ emotional well-being is not at the core of their claim in the way it is in the narrow cases in the Restatement and Mower. 60 Id. at 793 . 61 Id. 62 Id. (quoting Restatement (Third) of Torts § 47 cmt. f). 63 A.W., 543 P.3d at 793 . 12 Because parties do not dispute Plaintiffs were not within the zone of danger, the Court GRANTS Defendant’s partial summary judgment for Plaintiff’s NIED claim.

2025The Plaintiffs’ emotional well-being is not at the core of their claim in the way it is in the narrow cases in the Restatement and Mower. 60 Id. at 793 . 61 Id. 62 Id. (quoting Restatement (Third) of Torts § 47 cmt. f). 63 A.W., 543 P.3d at 793 . 12 Because parties do not dispute Plaintiffs were not within the zone of danger, the Court GRANTS Defendant’s partial summary judgment for Plaintiff’s NIED claim.

12025–2025
In Re One 1985 Mercedes Benz Automobile green
delsuperct · 1992
1 sentence

2018In claiming the money, the Petitioner was expected to “show by a preponderance of the evidence an alternate source for the funds” which requires more than just a possibility of a 9 In re Matter ofOne Mercedes BenzAuto., 644 A.2d 423, at fn. 5 , citing $38, 000. 00 in Um`ted States Currency, 816 F.2d 1538, 1543 (l lth Cir. 1987) (recognizing that a claimant need not own the property to have standing to contest its forfeiture, but rather a lawful possessory interest is sufficient). legitimate source for the cash.10 Petitioner (1) did not provide sufficient evidence that the cash was related to l

12018–2018
Camac v. Hall green
delsuperct · 1996
1 sentence

1997Id.

11997–1997

Where else courts name it

PA 597 (1944–2026) TX 178 (1954–2026) IL 85 (1937–2026) CA 81 (1947–2026) OH 76 (1983–2026) WA 59 (1929–2026) NM 50 (1977–2025) GA 48 (1981–2026) FL 39 (1969–2024) WI 39 (1984–2026) IN 38 (1985–2025) UT 38 (1989–2026) NJ 35 (1988–2025) CT 32 (1965–2024) MA 30 (1975–2024) OR 29 (1978–2022) KS 28 (1997–2025) NY 28 (1985–2023) MI 28 (1968–2022) MS 24 (1969–2023) MN 21 (1986–2024) IA 21 (1984–2025) TN 20 (1914–2026) NC 20 (1988–2020) MT 20 (1960–2016) NH 19 (1973–2024) RI 18 (1984–2014) MD 17 (1988–2025) MO 17 (1934–2023) ID 15 (1975–2025) SD 14 (1975–2015) LA 14 (1941–2023) VA 13 (1972–2025) ME 13 (1987–2021) CO 13 (1973–2026) DC 11 (1982–2024) WY 10 (1988–2018) AL 9 (1976–2016) AZ 9 (1985–2004) WV 8 (1929–2024) HI 8 (1998–2020) AR 8 (1991–2015) KY 6 (1999–2025) ND 6 (1999–2015) VT 6 (1987–2026) NE 6 (1996–2019) DE 6 (1997–2026) OK 5 (1992–2025) AK 5 (1994–2020) NV 5 (1994–2025) SC 4 (2006–2022)

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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