Legal Opinion

Monceaux v. State

Supreme Court of Delaware

Decided August 22, 2012No. 404, 2011PublishedCited by 15 opinions

1Opinion of the Court

RIDGELY, Justice:

Under Title 11, Section 777A of the Delaware Code, it is a separate crime for a registered sex offender to knowingly commit a sexual offense against a child.1 Defendant-Below/Appellant Patrick Mon-ceaux appeals from the denial of his motion to dismiss charges against him under Section 777A. He contends that the statute violated his right to due process under the United States and the Delaware Constitutions because placing his status as a sex offender directly in issue lessens the State’s burden of proof and the presumption of innocence. Monceaux also contends that the trial…

2Cases cited9 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Spencer v. TexasSupreme Court of the United States · 1966
  3. Getz v. StateSupreme Court of Delaware · 1988
  4. Ortiz v. StateSupreme Court of Delaware · 2005
  5. Opinion of the JusticesSupreme Court of Delaware · 1972

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3Cited by15 opinions

  1. Drummond v. StateSupreme Court of Delaware · 2012
  2. CSDCPC 920 French, LLC v. Christina School DistrictSuperior Court of Delaware · 2019
  3. Crown Bank v. BCD Associates, LLCSupreme Court of Delaware · 2023
  4. Higgin v. Albence, Miles v. Dept. of ElectionsCourt of Chancery of Delaware · 2022
  5. Justice v. StateSupreme Court of Delaware · 2024

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