@*@*Evans v. State@*END@* @*bold@* [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].@*END@*
Del. Code tit. 10, § 5402
in effectBased on the findings set forth in § 5401 of this title and in recognition that the Delaware Constitution vests authority and sole responsibility for lawmaking in the General Assembly, the General Assembly asserts its right and prerogative to be the ultimate arbiter of the intent, meaning, and construction of its laws and to vigorously defend them; therefore, the members of the General Assembly declare that the decision of the Delaware Supreme Court in the case of Evans v. State , 2004 WL 2743546 (Del. Supr.), is null and void. Because the Court’s order in Evans v. State has not yet been put into effect, the sentence of any prisoner who may have been affected by the order, had it gone into effect, is deemed to be uninterrupted and is not subject to an ex post facto attack.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title10/c054/index.htmlFetched: 6/28/2026