Legal Opinion
Lecates v. Justice of Peace Court No. 4
Court of Appeals for the Third Circuit
Decided December 30, 1980No. 80-1159PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
The State of Delaware maintains a two-tier trial court system. It is comprised of *900courts of record, presided over by legally trained judges, and justice of the peace courts, staffed by magistrates with no legal training. An unsuccessful party in a justice of the peace court is entitled to a trial de novo in Superior Court, but a losing defendant must first post a surety bond in order to obtain such a trial. In this appeal an indigent defendant in a civil suit contends that the nonwaivable bond requirement operates to deny indigents due process of law…
2Cases cited46 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Edelman v. JordanSupreme Court of the United States · 1974
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Griffin v. IllinoisSupreme Court of the United States · 1956
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3Cited by11 opinions
- Zeier v. Zimmer, Inc.Supreme Court of Oklahoma · 2006
- Lecates v. Justice Of The Peace Court No. 4 Of The State Of DelawareCourt of Appeals for the Third Circuit · 1980
- Neely v. NewtonCourt of Appeals for the Tenth Circuit · 1998
- Piper v. Supreme Court of New HampshireDistrict Court, D. New Hampshire · 1982
- Ball v. GeeMontana Supreme Court · 1990
6 more not listed; retrieve them via the Exa API.