Blake v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Blake did not raise directly the issue of Double Jeopardy below, and the Superior Court did not address the issue on its own. Our standard of review is therefore plain error.”
• “Because the second prosecution for the greater offense subjected [the defendant] to double jeopardy, the [s]tate cannot avoid the protection the Double Jeopardy Clause provides by offering to vacate the lesser-included offense as consolation.”
• “Because the second prosecution for the greater offense subjected 13 [the defendant] to double jeopardy, the [s]tate cannot avoid the protection the Double 14 Jeopardy Clause provides by offering to vacate the lesser-included offense as 15 consolation.”
• “[T]he doctrine of plain error is limited to material defects which are apparent on the face of the record; which are basic, serious and fundamental in their character, and which clearly deprive an accused of a substantial right, or which clearly show manifest injustice”

Source: CourtListener parenthetical corpus (CC0).

Cited by

14 cases in this archive cite this case.

• Ingram v. State
  Supreme Court of Delaware· 2015-02-11
• Joseph C. Jackson v. State of Delaware
  Supreme Court of Delaware· 2015-07-23
• State v. Madrigal
  New Mexico Court of Appeals· 2015-07-28
• Jones v. State
  Supreme Court of Delaware· 2015-11-10
• Turner v. State
  Supreme Court of Delaware· 2015-11-09
• Restrepo-Duque v. State
  Supreme Court of Delaware· 2015-12-17
• Lolley v. State
  Supreme Court of Delaware· 2016-02-04
• Stokes v. State
  Supreme Court of Delaware· 2021-03-26
• Franklin v. State
  Supreme Court of Delaware· 2021-05-14
• State v. Madrigal
  New Mexico Court of Appeals· 2015-09-15
• Martin v. State
  Supreme Court of Delaware· 2023-11-07
• In the Matter of the Petition of Robert Alley for a Writ of Mandamus
  Supreme Court of Delaware· 2024-02-01
• Jewell v. State
  Supreme Court of Delaware· 2025-03-31
• Fayton v. State
  Supreme Court of Delaware· 2026-01-09

Cites

9 cases in this archive are cited by this case.

• North Carolina v. Pearce
  Supreme Court· 1969-06-23· cited 7,763×
• Brown v. Ohio
  Supreme Court· 1977-06-16· cited 3,552×
• Green v. United States
  Supreme Court· 1957-12-16· cited 3,075×
• United States v. Wilson
  Supreme Court· 1975-02-25· cited 1,334×
• Wainwright v. State
  Supreme Court of Delaware· 1986-02-21· cited 430×
• Blueford v. Arkansas
  Supreme Court· 2012-05-24· cited 148×
• Turner v. State
  Supreme Court of Delaware· 2010-10-11· cited 51×
• Williams v. State
  Supreme Court of Delaware· 2002-05-09· cited 50×
• State v. Willis
  Superior Court of Delaware· 1995-11-21· cited 6×