Legal Opinion

Shoemaker v. State

Supreme Court of Delaware

Decided May 13, 1977PublishedCited by 52 opinions

1Opinion of the Court

DUFFY, Justice:

Defendant appeals from a Superior Court order dismissing his appeal of a conviction in a Justice of the Peace Court for disorderly conduct. We reverse.

I

The critical question in this significant case concerns neither the facts of the alleged offense nor the statute under which defendant was prosecuted. The issues center, first, on the jurisdictional basis of any review of the proceeding in the Justice of the Peace Court and, second, on the right of a non-lawyer judge to conduct that proceeding. Before discussing these questions we must place them in context.

A Justice of the…

2Cases cited24 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Faretta v. CaliforniaSupreme Court of the United States · 1975
  4. United States v. WadeSupreme Court of the United States · 1967
  5. Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943

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

3Cited by52 opinions

  1. State v. BallNew Mexico Supreme Court · 1986
  2. Maddrey v. Justice of the Peace Court 13Supreme Court of Delaware · 2008
  3. In the Matter of ButlerSupreme Court of Delaware · 1992
  4. Commonwealth v. DessusSuperior Court of Pennsylvania · 1979
  5. Marker v. StateSupreme Court of Delaware · 1982

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

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