Legal Opinion
State v. Cabrera
Superior Court of Delaware
Decided October 19, 2005No. Criminal Action IN-03-08-1214, IN-03-08-1215, IN-03-08-1216, IN-03-08-2292PublishedCited by 8 opinions
1Opinion of the Court
HERLIHY, Judge.
Defendant Jose Cabrera has moved to withdraw his guilty pleas. He pled guilty on February 12, 2004 to four counts of unlawful sexual conduct second degree. Several weeks later, and before sentencing, he moved to withdraw his pleas. The primary basis is that he claims he was sleepwalking at the time of the incidents for which he was charged and would, therefore, lack the requisite mental state to perform an intentional act.
There are no known or reported Delaware cases involving sleepwalking, or somnambulism as it is technically known, as a defense. If properly presented to and…
2Cases cited15 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Somerville v. StateSupreme Court of Delaware · 1997
- Flamer v. StateSupreme Court of Delaware · 1990
- M.G. Bancorporation, Inc. v. Le BeauSupreme Court of Delaware · 1999
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. ScottTennessee Supreme Court · 2009
- Scarborough v. StateSupreme Court of Delaware · 2007
- People v. JohnsonColorado Court of Appeals · 2016
- People v. JohnsonColorado Court of Appeals · 2016
- People v. JohnsonColorado Court of Appeals · 2016
3 more not listed; retrieve them via the Exa API.