(Download) "Robert E. Van Arsdall v. State Delaware" by Supreme Court of Delaware " Book PDF Kindle ePub Free
eBook details
- Title: Robert E. Van Arsdall v. State Delaware
- Author : Supreme Court of Delaware
- Release Date : January 20, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
CHRISTIE, Chief Justice: Robert Van Arsdall was convicted of murder first degree as a result of a jury trial in Superior Court which was held in September 1982. This Court reversed his conviction, ruling that his constitutional right to confront the witnesses against him had been violated, and that the violation required reversal without inquiry into its prejudicial effect. Van Arsdall v. State, Del. Supr., 486 A.2d 1 (1984). On application by the State, the United States Supreme Court granted certiorari and subsequently vacated our decision. Delaware v. Van Arsdall, 475 U.S. 673, 106 S. Ct. 1431, 89 L. Ed. 2d 674 (1986). The Supreme Court found that there had been a violation of the defendant's confrontation rights under the United States Constitution, but held that the error did not necessarily require reversal of the conviction since the error was subject to the harmless-error analysis set forth in Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 2d 705 (1967). Delaware v. Van Arsdall, 475 U.S., at , 106 S. Ct., at 1438. On remand, we focus solely on the defendant's rights under the Delaware constitution and other State law. Because the conviction must be set aside under the law of Delaware, we do not reach the corresponding issues raised under federal law.