Legal Opinion

Evans v. State

Supreme Court of Delaware

Decided April 11, 2005No. 67,2004PublishedCited by 40 opinions

1Per curiam

This is an appeal from a final judgment of the Superior Court. In an opinion issued by this Court on November 23, 2004, that judgment was reversed. As a matter of Delaware law, however, our prior decision in this proceeding did not become final.

During the pendency of this appeal, House Bill No. 31 3 was enacted by the General Assembly and signed into law by the Governor, although the Governor questioned its constitutionality. 4 House Bill No. 31 declares the November 23, 2004 decision in this specific proceeding “null and void,” directs this Court generally on matters of statutory…

2Cases cited36 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  3. Calder v. BullSupreme Court of the United States · 1798
  4. Plaut v. Spendthrift Farm, Inc.Supreme Court of the United States · 1995
  5. Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948

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3Cited by40 opinions

  1. State v. BodykeOhio Supreme Court · 2010
  2. State v. SturgisSupreme Court of Delaware · 2008
  3. Smith v. GuestSupreme Court of Delaware · 2011
  4. Vici Racing, LLC v. T-Mobile USA, Inc.District Court, D. Delaware · 2013
  5. Evans v. PhelpsDistrict Court, D. Delaware · 2010

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