Lecates v. State

How courts have described this case

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

• agreeing that this is the test for possession of a deadly weapon while committing a felony
• agreeing that this is the test for possession of a deadly weapon while committing a felony
• “[r]ecognizing that our pertinent case law is not entirely clear” on the proper test for constructive possession of a firearm in certain contexts, and “clarify[ing] several points” and “existing inconsistencies” in relevant Delaware law
• finding that constructive possession may exist “either directly or through another person”
• stating that actual possession requires “direct physical control” over the item
• finding the defendant had constructive possession of the firearm even through the gun was underneath the front seat armrest of the vehicle that the defendant was driving

Source: CourtListener parenthetical corpus (CC0).