State v. Moyer

HERRMANN, Chief Justice:

This certification requires a review of Fuentes v. State, Del.Supr., 349 A.2d 1 (1975) in which this Court found 11 Del.C. *195§ 641,1 violative of the Due Process Clause and unconstitutional under Mullaney v. Wilbur, 421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975).

I

In Fuentes, this Court concluded that “the analogy between Maine law,2 stricken down by Mullaney, and our § 641 is unmistakable” (349 A.2d at 5); and we concluded, therefore, that the question of the invalidity of § 641 was settled by the rationale and decision in Mullaney.

But since then, the United States…