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Source Judicial Review Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

A state supreme court suppresses evidence after discussing federal Fourth Amendment cases and a similar state constitutional provision. The opinion says the search was invalid "under our state and federal search principles" but does not clearly state that state law independently controls.
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The Supreme Court must assume the state ground is independent whenever the opinion mentions a state constitution. If a state-court opinion fairly appears to rest primarily on federal law or is interwoven with federal law, the Supreme Court may presume reviewability unless the state court clearly states that a state ground is adequate and independent. Ambiguity defeats review because the petitioner must prove the judgment rested only on federal law. The presumption applies only when the state court cites no state authority at all.

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