Latest 2 Cases: Calm v. Delaware (Constitutional Law), Garrison v. Downing (Family Law)

“He Took It Like a Man”: Harvey Weinstein’s Conviction and the Limits of Discrimination Law

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent conviction of Harvey Weinstein for criminal sexual assault in the first degree and rape in the third degree. Grossman points out that our country’s antidiscrimination laws do not actually protect the people they intend to protect, instead focusing on employer policies and procedures. She argues that we should take this opportunity to learn from the system of criminal law, which did work in this case, to fix the antidiscrimination laws that purport to protect against sexual harassment and misconduct.

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Calm v. Delaware

Docket: 577, 2018

Opinion Date: February 26, 2020

Judge: Traynor

Areas of Law: Constitutional Law, Criminal Law

Anthony Calm was convicted for several weapons charges and resisting arrest. His sole argument on appeal was that the Superior Court erred in denying his motion to suppress a firearm and ammunition that the arresting officer found on Calm during a stop of a motor vehicle in which Calm was the passenger. Pat-down searches must be justified by a “reasonable articulable suspicion that the detainee is armed and presently dangerous.” The Delaware Supreme Court determined the Superior Court did not apply this standard, instead concluding that the mere removal of Calm from the vehicle for the purpose of conducting a consent search of the vehicle justified the pat-down of his person. Furthermore, the Supreme Court found the trial court’s other findings indicated that, had it applied the correct standard, the court would have found the State’s proof lacking and granted the motion to suppress. The Supreme Court therefore reversed Calm’s convictions for possession of a firearm by a person prohibited, possession of ammunition by a person prohibited, and carrying a concealed deadly weapon. Because the evidence seized from Calm was not relevant to the resisting-arrest charge, the Supreme Court affirmed that conviction.

Garrison v. Downing

Docket: 418, 2018

Opinion Date: February 26, 2020

Judge: Vaughn

Areas of Law: Family Law

Appellant, husband Mitchell Garrison appealed a family court debt-division order issued after his divorce from Appellee, wife Tamika Downing. Before the Delaware Supreme Court, Husband argued: (1) the family court erred by ordering him to pay premarital debts incurred by Wife to pay for the parties’ wedding; and (2) the family court erred by finding that the parties’ prenuptial agreement barred his claim to half of the value of the Wife’s business which she operated during their marriage. After carefully considering the question presented by the Husband’s first claim, the Supreme Court concluded the equitable exception for property acquired in contemplation of marriage should have been construed narrowly to apply only as originally intended. “Due regard must be given to the fact that the rule is an exception to the Family Court’s statutory jurisdiction. In the future, the Family Court should limit the equitable exception to cases involving real property where the evidence shows that it was the parties’ intention that the property, although acquired in the name of one party prior to marriage, was to become marital property upon their marriage. Any enlargement of the equitable exception beyond that must come from the General Assembly.” Regarding Husband’s second claim, the Supreme Court found no error in the family court’s denial of his request for division of Wife’s business.