Public-domain · open source
OpenJurist

437 A.2d 1127

Ellison v. State

Supreme Court of Delaware

Decided December 1, 1981

Supreme Court of Delaware · decided 1981-12-01

Relies on Ellison v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-12-01

How this case has been cited

Cited by 6 later decisions — most recently July 2006

6 state decisions

30198119902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM:

¶1 This case involves an appeal from conviction of Resisting Arrest, 11 Del.C. § 1257, * in the Court of Common Pleas. Upon initial appeal, the Superior Court affirmed the conviction. Ellison v. State, Del.Super., 410 A.2d 519 (1979).

¶2 The defendant’s appeal therefrom to this Court is based upon substantially the same contentions raised below; i.e., that it was reversible error: (1) to refuse to suppress evidence of the defendant’s arrest and flight which were a direct consequence of an unconstitutional stop of his automobile; (2) to punish the defendant for his non-violent flight from an unconstitutional arrest; and (3) to rule that the defendant did not have the right to flee an illegal arrest.

¶3 The authorities cited here were cited below and carefully considered in the Superior Court opinion. We find no reversible error. Upon the basic principles set forth in the opinion of the Superior Court, the judgment below is

¶4 AFFIRMED.

*

¶5 11 Del.C. § 1257 provides:

“§ 1257. Resisting arrest; class A misdemean- or.
“A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a peace officer from effecting an arrest or detention of himself or another person or intentionally flees from a peace officer who is effecting an arrest.
“Resisting arrest is a class A misdemeanor.”
/437/a2d/1127 · .json · Public domain