Legal Opinion

State v. Cabrera

Superior Court of Delaware

Decided August 7, 2008No. Criminal Action IN-99-04-0314 to IN-99-04-0319PublishedCited by 2 opinions

1Opinion of the Court

OPINION

HERLIHY, Judge.

As a result of three separate incidents involving three jurors during his 2001 trial, defendant Luis Cabrera has asked this Court for permission to conduct an ex parte interviews of all jurors. He also argues that if he cannot, the professional conduct rule prohibiting him from doing so, Rule 3.5(c) of the Delaware Lawyers’ Rules of Professional Conduct, violates his federal and state constitutional rights to a fair trial and free speech. He also asserts that Rule 3.5(c) operates as an unconstitutional prior restraint in violation of the federal and state constitutions.…

2Cases cited25 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. McDonald v. PlessSupreme Court of the United States · 1915
  3. Government of the Virgin Islands v. Beaumont Gereau, in Nos. 74-2019, 74-2020, 74-2021, 74-2022,74-2023Court of Appeals for the Third Circuit · 1975
  4. Hughes v. StateSupreme Court of Delaware · 1981
  5. Commonwealth v. FidlerMassachusetts Supreme Judicial Court · 1979

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3Cited by2 opinions

  1. Cabrera v. StateSupreme Court of Delaware · 2017
  2. State v. BaileySuperior Court of Delaware · 2020

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