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Delaware Supreme Court

Leans Pro Government
Total Judgeships: 

5 (0 vacancies)

Political Makeup: 

Non- Partisan

Location(s): 
Wilmington
Caseload: 

750

Recent Cases

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LISTEN NOWThe Freedom Files Podcast Episode 37: Shon HopwoodListen Here
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Sway Given To Those Who Show Up

Thu, 06/12/2014

Summary: York v. York: During the proceedings of getting a divorce, Derek and Vanessa York were scheduled to determine final interim alimony in a hearing of the Family Court. When the court date arrived, Derek did not show up and the Court awarded a substantial amount to Vanessa. Derek appealed the decision to the Supreme Court on the grounds that Vanessa does not need the alimony because she has her own assets.

Decision

The Supreme Court of Delaware affirmed the decision of the Family Court, validating the alimony that they awarded to Vanessa. The Court stated that by not showing up, Derek missed the opportunity in which the presentation of his arguments would have been appropriate and thus has forfeited his ability to argue the awarded alimony.

Read the full decision here
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State Cigarette Restrictions Through Tax System Upheld

Mon, 06/09/2014

Ghabayen v. State, Hassan v. State: Upon being pulled over for a traffic violation Ghabayen and Hassan were found with 276 cartons of cigarettes in their vehicle that did not have Delaware tobacco tax stamps on them in accordance with Delaware law. Legally, an individual is only allowed to have 10 cartons of non-taxed cigarettes on them at one time. Ghabayan and Hassan appealed to the Supreme Court on the basis that the Delaware law is an unconstitutional abuse of the state’s taxation power.

Decision

The Supreme Court of Delaware upheld the decision of the lower courts by affirming the conviction of Ghabayen and Hassan for breaking the Delaware tax law. The Court found that the tax does not place an undue burden on interstate commerce or on individual’s traveling between states.

Read the full decision here
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Evidence Excluded Leading to Conviction

Thu, 05/22/2014

Nathaniel Banks v. State of Delaware: During his trial on charges of assault of the third degree, Nathaniel Banks appealed the ruling of the Court on the basis that he was not allowed to provide an adequate defense since the evidence provided by his witnesses was excluded. The evidence was excluded by the Court for differing reasons including in order to avoid confusion.

Decision

The Supreme Court of Delaware ruled that the exclusion of evidence did not repeal the rights of Banks to a defense since he was still allowed to present his case, evidence, and testimony. Through this ruling, the Court affirmed that the case was handled correctly and thus Banks’ conviction was validated.

Read the full decision here