Delaware Case Commentaries

Matta v. State: Harmless Error and Plain-Error Limits for Prejudicial Background Testimony

Date: May 2, 2026

Matta v. State: Erroneously Admitted Background Testimony Is Not Reversible Absent Prejudice to the Verdict Introduction In Matta v. State, the Delaware Supreme Court affirmed Gary Matta’s...

As-Applied Challenges to Advance Notice Bylaws Require a Concrete Nomination Controversy

Date: May 2, 2026

As-Applied Challenges to Advance Notice Bylaws Require a Concrete Nomination Controversy Introduction In In re The AES Corporation and Owens Corning, the Delaware Supreme Court affirmed the Court of...

Best v. State (Del. 2026) — Pretrial-Suppression Waiver and Plain-Error Limits in Rule 26(c) Direct Appeals

Date: Apr 29, 2026

Pretrial-Suppression Waiver and Plain-Error Limits in Rule 26(c) Direct Appeals 1. Introduction In Best v. State (Del. Apr. 27, 2026), the Delaware Supreme Court affirmed, by Order on direct appeal,...

Wheeler v. State: Prosecutorial Closing Argument May Characterize Mixed-Profile “Contributor” DNA as “On” an Item When Fairly Grounded in the Evidence

Date: Apr 28, 2026

Wheeler v. State: Prosecutorial Closing Argument May Characterize Mixed-Profile “Contributor” DNA as “On” an Item When Fairly Grounded in the Evidence Introduction Wheeler v. State is a direct appeal...

§ 2365 Retaliation Requires an Affirmative Attempt to Claim Workers’ Compensation—Mere Injury Notice Is Not Enough

Date: Apr 24, 2026

§ 2365 Retaliation Requires an Affirmative Attempt to Claim Workers’ Compensation—Mere Injury Notice Is Not Enough Introduction In Jewel Redic v. Interfaith Community Housing of Delaware, Inc. (Del....

Contract Silence on Payment Timing Requires a Court-Implied “Reasonable Time” (Often a Fact Question), While Stock Compensation Still Qualifies as Commissionable “Marketing Income”

Date: Apr 23, 2026

Contract Silence on Payment Timing Requires a Court-Implied “Reasonable Time” (Often a Fact Question), While Stock Compensation Still Qualifies as Commissionable “Marketing Income” I. Introduction In...

Heck v. State: Probable Cause for CSLI Warrants Requires a Case-Specific “Logical Nexus,” and D.R.E. 702 Demands Reliability—Not Infallibility—for Presumptive Blood Tests

Date: Apr 20, 2026

Heck v. State: Probable Cause for CSLI Warrants Requires a Case-Specific “Logical Nexus,” and D.R.E. 702 Demands Reliability—Not Infallibility—for Presumptive Blood Tests Introduction In Heck v....

Baldwin v. State: Rape Shield Does Not Bar Alternative-Source DNA; D.R.E. 403 Must Credit Exculpatory Probative Value

Date: Apr 20, 2026

Baldwin v. State (Del. 2026): Rape Shield Does Not Bar Alternative-Source DNA; D.R.E. 403 Must Credit Exculpatory Probative Value 1. Introduction In Baldwin v. State, the Supreme Court of Delaware...

Merchants Are Not “Financial Institutions” or “Debt Collectors” for EFTA/FDCPA Claims Arising from Refund and Payment-Dispute Conduct

Date: Apr 17, 2026

Merchants Are Not “Financial Institutions” or “Debt Collectors” for EFTA/FDCPA Claims Arising from Refund and Payment-Dispute Conduct 1. Introduction Still, David v. Wayfair Inc. (Del. Apr. 14, 2026)...

ERISA § 1110 Does Not Void Contractual Advancement for State-Law Defense Costs When Subject to Repayment Undertaking

Date: Apr 16, 2026

ERISA § 1110 Does Not Void Contractual Advancement for State-Law Defense Costs When Subject to Repayment Undertaking Case: Invictus Global Management, LLC v. Invictus Special Situations Master I,...

Delaware “Face to Face” Confrontation Permits Child CCTV Testimony Under 11 Del. C. § 3514 When In‑Court Presence Would Prevent Reasonable Communication

Date: Apr 16, 2026

Delaware “Face to Face” Confrontation Permits Child CCTV Testimony Under 11 Del. C. § 3514 When In‑Court Presence Would Prevent Reasonable Communication Case: Roberson v. State (Supreme Court of...

Walsh v. Walsh: Deference to Family Court Discretion on Continuances, Forced Sale of a Marital Home Absent Reliable Valuation, Averaging Conflicting Asset Values, and Permanent Alimony Findings Under 13 Del. C. § 1512

Date: Apr 9, 2026

Walsh v. Walsh: Deference to Family Court Discretion on Continuances, Forced Sale of a Marital Home Absent Reliable Valuation, Averaging Conflicting Asset Values, and Permanent Alimony Findings Under...

Unpreserved Procedural Objections in Delaware Custody Appeals Trigger Plain-Error Review; Rule 20(f) Fees Denied Absent Frivolity

Date: Apr 9, 2026

Unpreserved Procedural Objections in Delaware Custody Appeals Trigger Plain-Error Review; Rule 20(f) Fees Denied Absent Frivolity 1. Introduction In Zimmerman, Caleb v. Felicia Da Costa (Del. Supr....

LG Electronics Inc. v. Invention Investment Fund I, L.P.: Late-Raised Reinterpretations of Contractual Damages Caps Are Barred by Prejudice; Prejudgment Interest Is Mandatory; Rule 54 Costs Are Not “Incidental Damages”

Date: Apr 9, 2026

Late-Raised Reinterpretations of Contractual Damages Caps Are Barred by Prejudice; Prejudgment Interest Is Mandatory; Rule 54 Costs Are Not “Incidental Damages” Case: LG Electronics Inc. v. Invention...

Kibiro v. State: Limiting 11 Del. C. § 263 Instructions to “Outside-the-Risk” Results and Improbable Intervening Conduct

Date: Mar 28, 2026

Kibiro v. State: Limiting 11 Del. C. § 263 Instructions to “Outside-the-Risk” Results and Improbable Intervening Conduct Introduction In Kibiro v. State (Del. Mar. 27, 2026), the Delaware Supreme...

Delaware § 220: Post-Demand Evidence May Be Considered (in Exceptional Circumstances) and Reliably Sourced Anonymous Media Reports May Support a Credible-Basis Showing

Date: Mar 28, 2026

Delaware § 220: Post-Demand Evidence May Be Considered (in Exceptional Circumstances) and Reliably Sourced Anonymous Media Reports May Support a Credible-Basis Showing Introduction Paramount Global...

Expired DUI Administrative Revocation Appeals Are Moot Absent Practical Relief, Especially Where a Criminal Revocation Notation Independently Remains

Date: Mar 27, 2026

Expired DUI Administrative Revocation Appeals Are Moot Absent Practical Relief, Especially Where a Criminal Revocation Notation Independently Remains Introduction Nathaniel Raiford v. Amy Anthony,...

Jacobs v. State: Victim Testimony Sustains § 1313 Interference; Self-Defense Instruction Requires Evidence of Immediate Necessity (Not Retaliation)

Date: Mar 26, 2026

Victim Testimony Sustains § 1313 Emergency-Call Interference; Self-Defense Instruction Requires Evidence of Immediate Necessity (Not Retaliation) 1. Introduction Jacobs v. State (Del. Mar. 23, 2026)...

Riley v. State — Statutory-Language Indictments Suffice and Counsel Is Not Ineffective for Omitting Unsettled Fifth Amendment Thumbprint Theories After a Guilty Plea

Date: Mar 22, 2026

Riley v. State: Statutory-Language Indictments Suffice; Post-Plea Ineffective-Assistance Claims Fail Absent Prejudice; No Deficiency for Omitting Unsettled Fifth Amendment Thumbprint Suppression...

Bryan v. State: No Plain Error in “All-or-Nothing” Interpreter Testimony; Joinder Proper Where Child-Sex Episodes Are Cross-Admissible Under Getz

Date: Mar 21, 2026

Bryan v. State: No Plain Error in “All-or-Nothing” Interpreter Testimony; Joinder Proper Where Child-Sex Episodes Are Cross-Admissible Under Getz 1. Introduction In Bryan v. State (Del. Mar. 20,...