Benson claim (Delaware) · Go Syfert
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Benson claim in Delaware

5 Delaware opinions name it 2 courts 2017–2022 1 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 (3)

CaseFollowedCited
Albury v. Stategreen
del · 1988 · cited in 2 Delaware opinions naming this issue, 2020–2022
2 sentences

2022Counsel indicated that portions of the statement could be construed as coercive, but she wished to use those portions to explain damaging statements 8 Hill v. Lockhart, 474 U.S. 52, 58-59 (1985); Albury v. State, 551 A.2d 53, 59 (Del. 1988). 9 Albury, 551 A.2d at 59 (citing Strickland v. Washington, 466 U.S. 668, 689 (1988)). 7 Benson made later at the police station.

2022Counsel indicated that portions of the statement could be construed as coercive, but she wished to use those portions to explain damaging statements 8 Hill v. Lockhart, 474 U.S. 52, 58-59 (1985); Albury v. State, 551 A.2d 53, 59 (Del. 1988). 9 Albury, 551 A.2d at 59 (citing Strickland v. Washington, 466 U.S. 668, 689 (1988)). 7 Benson made later at the police station.

12
Hill v. Lockhartgreen
scotus · 1985 · cited in 1 Delaware opinions naming this issue, 2022–2022
1 sentence

2022Counsel indicated that portions of the statement could be construed as coercive, but she wished to use those portions to explain damaging statements 8 Hill v. Lockhart, 474 U.S. 52, 58-59 (1985); Albury v. State, 551 A.2d 53, 59 (Del. 1988). 9 Albury, 551 A.2d at 59 (citing Strickland v. Washington, 466 U.S. 668, 689 (1988)). 7 Benson made later at the police station.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Delaware opinions naming this issue, 2022–2022
1 sentence

2022Counsel indicated that portions of the statement could be construed as coercive, but she wished to use those portions to explain damaging statements 8 Hill v. Lockhart, 474 U.S. 52, 58-59 (1985); Albury v. State, 551 A.2d 53, 59 (Del. 1988). 9 Albury, 551 A.2d at 59 (citing Strickland v. Washington, 466 U.S. 668, 689 (1988)). 7 Benson made later at the police station.

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 (4)

CaseCitedYears
Brady v. Maryland green
scotus · 1963
1 sentence

2022He also asserted that there were violations of Brady v. Maryland, 373 U.S. 83 (1963). 4 for abuse of discretion.2 We review legal or constitutional questions, including claims of ineffective assistance of counsel, de novo.3 The Court considers the procedural requirements of Rule 61 before addressing any substantive issues.4 (12) The Superior Court did not err in rejecting Benson’s claim that he was coerced into pleading guilty by the State’s threats to prosecute his son and girlfriend.

12022–2022
Blueford v. Arkansas green
scotus · 2012
1 sentence

2020Relying on the U.S. Supreme Court’s decision in Blueford v. Arkansas,25 the Superior Court concluded that retrial did not violate double jeopardy principles. 25 566 U.S. 599 (2012). 16 (34) We review claims alleging an infringement of a constitutionally protected right, including the right not to be subjected to double jeopardy, de novo.26 The Double Jeopardy Clause of the Fifth Amendment provides that no person shall “be subject for the same offence to be twice put in jeopardy.” 27 “Under double jeopardy principles, an acquittal on the merits by the sole decisionmaker in the proceeding is fin

12020–2020
Somerville v. State green
del · 1997
1 sentence

2019Freud Commissioner AMEF/dsc oc: Prothonotary °° Sommerville 703 A.2d at 632 . 11

12019–2019
Benson v. State green
del · 2014
1 sentence

2017This appeal followed. 1 Trial Tr., April 16, 2013, at 20. 2 Benson v. State, 105 A.3d 979 (Del. 2014). 3 (6) Although Benson raised several issues in the motion he filed in the Superior Court, he raises only one issue in his opening brief on appeal.3 He contends that his trial counsel was ineffective for arguing during closing that the jury should consider lesser-included offenses.

12017–2017

Where else courts name it

TX 12 (1925–2025) IA 5 (1990–2021) DE 5 (2017–2022) PA 4 (2018–2026) WA 3 (2016–2024) GA 3 (1980–2025) AR 3 (2004–2020) OH 3 (2017–2025) CA 3 (2014–2025) UT 2 (2014–2021) IN 2 (2002–2018) MA 2 (2000–2003)

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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