Legal Opinion
Rivera v. State
Supreme Court of Delaware
Decided January 12, 1976PublishedCited by 36 opinions
1Opinion of the Court
HERRMANN, Chief Justice:
The defendant was charged with murder in the first degree and was convicted of murder in the second degree. She attacks, as violative of the Due Process Clause, 11 Del.C. § 401 1 classifying mental illness as an affirmative defense which the defendant must prove by a preponderance of the evidence under 11 Del.C. § 304. 2
The defendant also charges error, and violation of due process and equal protection, in that the jury instruction limited the mitigating defense of extreme emotional distress to the crime of murder in the first degree, as specified by 11 Del.C. § 641. 3
I
2Cases cited5 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- Leland v. OregonSupreme Court of the United States · 1952
- Davis v. United StatesSupreme Court of the United States · 1895
- Fuentes v. StateSupreme Court of Delaware · 1975
3Cited by36 opinions
- State v. EvansCourt of Appeals of Maryland · 1976
- People v. DrewCalifornia Supreme Court · 1978
- People v. ScottIllinois Supreme Court · 1992
- Billy Joe Battie v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- Hinkle v. StateSupreme Court of Iowa · 1980
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