Legal Opinion · Dissent

Fuller v. State

Supreme Court of Delaware

Decided October 21, 2014No. 460, 2013Published

1DissentValihura, Justice

While I acknowledge the policy reasons set forth in the majority’s decision, the strict canons of statutory construction compel me to respectfully dissent.

“[T]he meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain ... the sole function of the courts is to enforce it according to its terms.”1 If statutory text is unambiguous, this Court’s role is limited to an application of the literal meaning of the statute’s words.2

The majority correctly begins its interpretation of the term “adult conviction” by looking at the…

2Cases cited10 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. United States v. LockeSupreme Court of the United States · 1985
  3. Lewis v. City of ChicagoSupreme Court of the United States · 2010
  4. Leatherbury v. GreenspunSupreme Court of Delaware · 2007
  5. Doroshow, Pasquale, Krawitz & Bhaya v. Nanticoke Memorial Hospital, Inc.Supreme Court of Delaware · 2012

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