Tice v. State
Supreme Court of Delaware
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
- Getz v. StateSupreme Court of Delaware · 1988
- Robertson v. StateSupreme Court of Delaware · 1991
- Van Arsdall v. StateSupreme Court of Delaware · 1987
- Shannon v. CommonwealthKentucky Supreme Court · 1988
- 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
- E.I. DuPont De Nemours & Co. v. PressmanSupreme Court of Delaware · 1996
- Lilly v. StateSupreme Court of Delaware · 1994
- Deshields v. StateSupreme Court of Delaware · 1998
- Smith v. StateSupreme Court of Delaware · 2006
- Williamson v. StateSupreme Court of Delaware · 1998
16 more not listed; retrieve them via the Exa API.