Delaware Supreme Court Decisions

The Delaware Supreme Court is one of the youngest state supreme courts in the nation. It was founded in 1951 by a constitutional amendment. Delaware previously did not have a court of last resort and simply relied on a different judge from the judge who originally heard the case to make a final decision. The Court consists of five justices, expanded from its original composition of three justices. They have the authority to hear appeals of final judgments in most criminal cases. The Court also has the discretion to issue certain writs and respond to certified questions.

Each justice on the Delaware Supreme Court serves a 12-year renewable term. They must be allocated between the two major political parties such that no more than three justices represent either party at any time. When a vacancy arises, the Delaware Judicial Selection Commission will compile a list of candidates to send to the Governor of Delaware. Using this assisted appointment method, the Governor selects a candidate, who must be confirmed by the Delaware General Assembly. Any candidate considered by the Judicial Selection Commission must be a member of the Delaware Bar Association, licensed to practice law in Delaware, and “learned in the citizens of Delaware.” In contrast to many states, there is no minimum or maximum age limit.

A justice may be removed from the Delaware Supreme Court by a two-thirds vote of the court on the judiciary. This process alternatively may result in the retirement of the justice or in a lesser form of discipline. Also, a justice may be removed if the Delaware House of Representatives votes to impeach them in a majority vote, and the Delaware State Senate votes to convict them in a two-thirds vote.

Browse Opinions From the Delaware Supreme Court

Recent Decisions From the Delaware Supreme Court
Cropper v. State of Delawaer
Date: October 25, 2021
Docket Number: 301, 2021
Soul v. Stephens
Date: October 25, 2021
Docket Number: 424, 2020
Painter v. Painter
Date: October 22, 2021
Docket Number: 376, 2020
Wilson v. State
Date: October 21, 2021
Docket Number: 230, 2021
Patton v. State
Date: October 21, 2021
Docket Number: 251, 2021
Kabakoff v. Zeneca
Date: October 21, 2021
Docket Number: 430, 2020
Hughes v. Public Defenders Office
Date: October 21, 2021
Docket Number: 89, 2021
Cooper v. DE Board of Nursing
Date: October 21, 2021
Docket Number: 95, 2021
Wilcox v. LaClaire  
Date: October 18, 2021
Docket Number: 11, 2021

Justia Opinion Summary: A father appealed a Family Court order denying a Petition for Parental Visitation. Father Bryce Wilcox had been imprisoned since his son (“C.R.”) was two. C.R.’s mother, Marissa LaClaire (“Mother”) did not permit telepho...

Drummond v. Junaidi, et al.
Date: October 18, 2021
Docket Number: 63, 2021
Benson v. State
Date: October 15, 2021
Docket Number: 180, 2021
Rufus v. State
Date: October 15, 2021
Docket Number: 225, 2021
Colson v. State
Date: October 15, 2021
Docket Number: 283, 2021
Smith v. Kolawole
Date: October 15, 2021
Docket Number: 285, 2021
Mugica v. Roccia
Date: October 15, 2021
Docket Number: 66, 2021
The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.