PERRY v. DECKER


457 A.2d 357 (1983)

Bradford PERRY, Sr., Plaintiff, v. Henry James DECKER, Secretary of Public Safety of the State of Delaware, and Robert J. Voshell, Director of the Division of Motor Vehicles of the State of Delaware, Defendants. STATE of Delaware, v. Robert E. BARBEN, Defendant.

Supreme Court of Delaware.

Decided February 3, 1983.


Attorney(s) appearing for the Case

James T. Vaughn, Jr. (argued), Vaughn & Vaughn, Dover, Harold Schmittinger and Charles E. Whitehurst, Jr., Schmittinger & Rodriguez, P.A., Dover, for plaintiff Perry.

Arlen Mekler (argued), Wilmington, for defendant Barben.

Roger A. Brown (argued) and James J. Hanley, Deputy Attys. Gen., Wilmington, for State.

Before HERRMANN, C.J., McNEILLY and HORSEY, JJ.


HERRMANN, Chief Justice:

Two related Certifications of questions of law are involved here: (1) A Certification by the Court of Chancery in Perry v. Decker, et al. (hereinafter "Perry"); and (2) a Certification by the Superior Court in State v. Barben (hereinafter "Barben"). Both were accepted by this Court on the grounds that the questions of law are of first instance in this State and that there are urgent...

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