Legal Opinion
State v. Baker
Supreme Court of Delaware
Decided December 1, 1998No. 49, 1998PublishedCited by 30 opinions
1Opinion of the Court
WALSH, Justice:
We granted the State of Delaware leave to file this discretionary appeal from a ruling of the Superior Court, pursuant to 10 Del. C. § 9903 and Supreme Court Rule 27(b), as to the two following questions of law:(i) Whether a plain reading of 21 Del. C. § 4177(a)(5) requires that the State prove, as an element of the offense, that a defendant had an alcohol concentration of .10 or greater ivhile driving?(ii) Whether 21 Del. C. § 4177(b)(2), which provides that “drinking after driving” is an affirmative defense which the defendant must prove by a preponderance of the evidence, is…
2Cases cited39 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- Kolender v. LawsonSupreme Court of the United States · 1983
- Patterson v. New YorkSupreme Court of the United States · 1977
34 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Sheehan v. Oblates of St. Francis de SalesSupreme Court of Delaware · 2011
- Commonwealth v. DudaSupreme Court of Pennsylvania · 2007
- Hoover v. StateSupreme Court of Delaware · 2008
- Disabatino v. StateSuperior Court of Delaware · 2002
- Wien v. StateSupreme Court of Delaware · 2005
25 more not listed; retrieve them via the Exa API.