Supreme Court of Delaware

The Delaware Supreme Court reaffirms the holding in Jackson v. State 1999 WL 591502 (1999) that knowledge of a law enforcement officer's status is not an essential element of the offense of resisting arrest under Title 11 section 1257.4 of Delaware Code. It also reaffirms the holding that, although such knowledge is not an essential element of the offense, a defendant may assert his/her lack of knowledge of a law enforcement officer's status as a defense of justification for resisting arrest.

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

• HOLLAND, Justice., Before STEELE, Chief Justice, HOLLAND, JACOBS and RIDGELY, Justices and NOBLE, Vice Chancellor.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Bernard J. O'Donnell, Esquire, Office of the Public Defender, Wilmington, DE, for appellant.


• For Appellees:
  
• James T. Wakley, Esquire, Department of Justice, Wilmington, DE, for appellee.