Delaware: Supreme Court citation practice | Citation rule(s)

Examples from Johnson v. State, 741 A.2d 1026 (Del. 1999)

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Superior Court Criminal Rule 7(e) permits an amendment to the indictment at any time before a verdict "if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced." In this case, the indictment on the three firearm charges was amended prior to opening statements to reflect the proper statutory section number. Initially, the indictment cited to 11 Del. C. § 1447 (possession of a deadly weapon during the commission of a felony). The indictment was amended to cite to 11 Del. C. § 1447A (possession of a firearm during the commission of a felony). As originally drafted, the indictment properly asserted the elements of a charge of possession of a firearm during the commission of a felony. Because no new, additional or different offense was alleged as a result of the amendment, it was not plain error for the Superior Court to permit amendment of the indictment to reflect the proper statutory section.

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Claire v. State, Del. Supr., 294 A.2d 836, 838 (1972) (amendment to "obvious error in statutory designation" was not an abuse of discretion).

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Del. Sup. Ct. R. 14(g), http://courts.delaware.gov/Rules/?supremerules.pdf#page=12.

14. Briefs and appendices; contents.

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(g) Form of citations.

The following shall be the form of citations:

(i) Reported Opinions. The style of citation shall be as set forth in THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION, with no reference to State Reporter Systems or other parallel citations. For example:
Melson v. Allman , 244 A.2d 85 (Del. 1968).
Prince v. Bensinger , 244 A.2d 89 (Del. Ch. 1968).
State v. Pennsylvania R.R. Co. , 244 A.2d 80 (Del. Super. Ct. 1968).

(ii) Unreported Opinions. The style of citation shall be any of the
three alternatives set forth below:
LEXIS Citation Form: Fox v. Fox , 1998 Del. LEXIS 179 (Del. Supr.).
OR
Westlaw Citation Form: Fox v. Fox , 1998 WL 280361 (Del. Supr.).
OR
Delaware Citation Form: Fox v. Fox , Del. Supr., No. 510, 1997,
Berger, J. (May 14, 1998).

(iii) Other Authority. The style of citation to any other type of authority, including but not limited to statutes, books, and articles, shall be as set forth in THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION.