Evans v. State

How courts have described this case

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

• holding that a defendant sentenced to life in prison before the enactment of the 1989 Truth-In-Sentencing Act is not eligible for conditional release and must remain incarcerated until his death, unless he is granted parole
• recognizing this premise in a different context, while tracing its origin to Marbury v. Madison, 5 U.S. 137 (1803)
• explaining the important role the separation of powers doctrine has played in Delaware’s constitutional history, and noting that the judiciary, the executive, and the legislature are “distinct and independent bodies”
• explaining the important role the separation of powers doctrine has played in Delaware’s constitutional history, and noting that the judiciary, the executive, and the legislature are “distinct and independent bodies”
• “[O]nly the Delaware judiciary has the power, ‘province and duty. . . to say what the law is’ in particular cases and controversies.”
• applying doctrine to invalidate legislation retroactively reversing a judicial decision

Source: CourtListener parenthetical corpus (CC0).

Cited by

28 cases in this archive cite this case; the 20 most cited are listed.

• State v. Bodyke
  Ohio Supreme Court· 2010-06-03· cited 413×
• Smith v. Guest
  Supreme Court of Delaware· 2011-03-14· cited 35×
• Sierra Club v. Delaware Department of Natural Resources & Environmental Control
  Supreme Court of Delaware· 2007-03-09· cited 11×
• Vici Racing, LLC v. T-Mobile USA, Inc.
  D. Delaware· 2013-02-08· cited 6×
• Evans v. Phelps
  D. Delaware· 2010-07-13· cited 4×
• State v. Blanken
  Ohio Court of Appeals· 2014-12-05· cited 2×
• Shockley v. Carroll
  D. Delaware· 2007-06-13· cited 1×
• Reed v. State
  Supreme Court of Delaware· 2015-02-12
• Jackson v. State
  Supreme Court of Delaware· 2015-11-02
• State of Delaware v. Tollis.
  Superior Court of Delaware· 2016-01-04
• Scott v. State
  Supreme Court of Delaware· 2016-04-18
• Ward T. Evans v. Commissioner Robert Coupe
  Superior Court of Delaware· 2016-04-20
• Hall v. Coupe
  Court of Chancery of Delaware· 2016-05-25
• Smith v. State
  Supreme Court of Delaware· 2016-08-18
• Evans v. Commissioner Coupe
  Supreme Court of Delaware· 2016-08-31
• Bowen v. State
  Supreme Court of Delaware· 2018-05-10
• Kibler v. Phelps
  Supreme Court of Delaware· 2020-01-31
• State v. Brown
  Superior Court of Delaware· 2020-08-31
• State v. Kolaco
  Superior Court of Delaware· 2020-12-14
• Richard L. Abbott v. Kathaleen M. Vavala
  Court of Chancery of Delaware· 2022-02-15