Legal Opinion

Mott v. State

Supreme Court of Delaware

Decided November 22, 2010No. 450, 2009PublishedCited by 3 opinions

1Opinion of the Court

HOLLAND, Justice:

The defendant-appellant, Gerry J. Mott (“Mott”), appeals from his Superior Court judgment of conviction for feloniously committing New Home Construction Fraud. Mott contends that the indictment returned against him was fatally defective because it failed to allege the amount of loss associated with the charge. Mott argues that his right to prosecution by indictment under Article I, Section 8 of the Delaware Constitution was violated because, in failing to provide the amount of loss associated with Mott’s alleged fraud, the indictment omitted an essential element of the crime…

2Cases cited10 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Alexander v. LouisianaSupreme Court of the United States · 1972
  3. Wainwright v. StateSupreme Court of Delaware · 1986
  4. Malloy v. StateSupreme Court of Delaware · 1983
  5. Johnson v. StateSupreme Court of Delaware · 1998

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3Cited by3 opinions

  1. Dixon v. StateSupreme Court of Delaware · 2015
  2. Hans Scheing v. Officer Casey FountainCourt of Appeals for the Third Circuit · 2018
  3. State v. KellamSuperior Court of Delaware · 2024

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