Legal Opinion

Tice v. State

Supreme Court of Delaware

Decided April 26, 1993PublishedCited by 21 opinions

1Opinion of the Court

MOORE, Justice.

Elmer E. Tice appeals his convictions in the Superior Court of assault, reckless endangering, possession of a deadly weapon, and certain motor vehicle charges related to his arrest. We address an issue of first impression: May a defendant, charged with assault, introduce character evidence of the victim’s prior bad acts as an essential element of a self-defense claim? We conclude that the character of the victim is not an essential element of a self-defense claim. The evidence is admissible, however, under D.R.E. 404(b), 1 subject to the standards of Getz v. State, Del.Supr.,…

2Cases cited13 opinions

  1. Getz v. StateSupreme Court of Delaware · 1988
  2. Robertson v. StateSupreme Court of Delaware · 1991
  3. Van Arsdall v. StateSupreme Court of Delaware · 1987
  4. Shannon v. CommonwealthKentucky Supreme Court · 1988
  5. United States v. Fernando TalamanteCourt of Appeals for the Tenth Circuit · 1992

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

3Cited by21 opinions

  1. E.I. DuPont De Nemours & Co. v. PressmanSupreme Court of Delaware · 1996
  2. Lilly v. StateSupreme Court of Delaware · 1994
  3. Deshields v. StateSupreme Court of Delaware · 1998
  4. Smith v. StateSupreme Court of Delaware · 2006
  5. Williamson v. StateSupreme Court of Delaware · 1998

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

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