Legal Opinion

State v. White

Supreme Court of Delaware

Decided August 15, 1978PublishedCited by 37 opinions

1Opinion of the Court

HERRMANN, Chief Justice:

The constitutionality of Delaware’s 1977 Statute providing procedures for the imposition of the death penalty (11 Del.C. § 4209) 1 is challenged by this certification on various grounds.

The following questions of law have been certified by the Superior Court and accepted by this Court:

“I. Do the provisions of 11 Del.C. § 4209(a), (b), (c), (d) and (e) allow consideration of particularized mitigating factors so that the law would be constitutional under Woodson v. North Carolina and related cases?
“II. Are the provisions of 11 Del.C. § 4209(c) permitting the jury to…

2Cases cited30 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Furman v. GeorgiaSupreme Court of the United States · 1972
  3. Lockett v. OhioSupreme Court of the United States · 1978
  4. Woodson v. North CarolinaSupreme Court of the United States · 1976
  5. Jurek v. TexasSupreme Court of the United States · 1976

25 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Tichnell v. StateCourt of Appeals of Maryland · 1980
  2. Flamer v. StateSupreme Court of Delaware · 1984
  3. Tichnell v. StateCourt of Appeals of Maryland · 1983
  4. Riley v. StateSupreme Court of Delaware · 1985
  5. State v. RhinesSouth Dakota Supreme Court · 1996

32 more not listed; retrieve them via the Exa API.

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