Legal Opinion
Fuentes v. State
Supreme Court of Delaware
Decided November 25, 1975PublishedCited by 25 opinions
1Opinion of the Court
HERRMANN, Chief Justice.
In this murder case, the determinative issue is the constitutionality of 11 Del.C. § 641. 1
I
The defendant was charged with murder in the first degree, 11 Del.C. § 636. 2 The jury found the defendant guilty of murder in the second degree, 11 Del.C. § 635. 3 The sentence was life imprisonment.
Extreme emotional distress was considered a defense of mitigation in this case by virtue of § 641. This appeal is founded solely upon the ground that the Trial Judge instructed the jury, under § 641, that the “law provides that what would otherwise be murder in the first degree…
2Cases cited15 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Stovall v. DennoSupreme Court of the United States · 1967
- Mullaney v. WilburSupreme Court of the United States · 1975
- Johnson v. New JerseySupreme Court of the United States · 1966
- Linkletter v. WalkerSupreme Court of the United States · 1965
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Engle v. IsaacSupreme Court of the United States · 1982
- State v. EvansCourt of Appeals of Maryland · 1976
- Bates v. StateSupreme Court of Delaware · 1978
- State v. WhiteSupreme Court of Delaware · 1978
- William M. Hallowell v. Paul W. Keve, Director of the Division of Adult Corrections and the State of DelawareCourt of Appeals for the Third Circuit · 1977
20 more not listed; retrieve them via the Exa API.