Legal Opinion

Johnson v. State

Supreme Court of Delaware

Decided October 12, 2005No. 212, 2005PublishedCited by 20 opinions

1Opinion of the Court

HOLLAND, Justice:

The primary question before this Court is whether we have jurisdiction to hear a direct appeal in a criminal proceeding from a sentence that was imposed by a Superior Court Commissioner. The secondary question raised by this appeal is whether a Superior Court Commissioner has the au thority to adjudicate a violation of probation (VOP) charge. We have concluded that both of these questions must be answered in the negative. Accordingly, this appeal will be dismissed. The Superior Court, however, must vacate the sentence imposed by the Commissioner and take further action in…

2Cases cited8 opinions

  1. Pavulak v. StateSupreme Court of Delaware · 2005
  2. Redden v. McGillSupreme Court of Delaware · 1988
  3. Eller v. StateSupreme Court of Delaware · 1987
  4. United States v. Debra L. SmithCourt of Appeals for the Seventh Circuit · 1993
  5. Weaver v. StateSupreme Court of Delaware · 2001

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

3Cited by20 opinions

  1. Church v. StateSupreme Court of Delaware · 2008
  2. Delgrosso v. United StatesSupreme Court of Delaware · 2018
  3. Desousa v. StateSupreme Court of Delaware · 2022
  4. Dillard v. StateSupreme Court of Delaware · 2025
  5. Hall v. StateSupreme Court of Delaware · 2022

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

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