NEWMARK v. WILLIAMS


588 A.2d 1108 (1991)

Kara and Morris NEWMARK, Respondent Below, Appellant, v. Teresa WILLIAMS/DCPS, Petitioner Below, Appellee.

Supreme Court of Delaware.

Oral Decision: September 14, 1990.

Written Decision: April 2, 1991.


Attorney(s) appearing for the Case

A. Gilchrist Sparks, III, Morris, Nichols, Arsht & Tunnell, Wilmington, Yosef J. Riemer (argued), and Karen N. Walker of Kirkland & Ellis, Washington, D.C., of counsel, for appellants.

Janice R. Tigani (argued), Richard E. Fairbanks, Jr., Loren C. Meyers and Timothy J. Donovan, Jr., Dept. of Justice, Wilmington, for the State.

Before MOORE, WALSH and HOLLAND, JJ.


MOORE, Justice.

Colin Newmark1, a three year old child, faced death from a deadly aggressive and advanced form of pediatric cancer known as Burkitt's Lymphoma. We were presented with a clash of interests between medical science, Colin's tragic plight, the unquestioned sincerity of his parents' religious beliefs as Christian Scientists, and the legal right of the State to protect dependent children...

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