Delaware - Judicial Notice for Laser Guns. . Help!

[shivatrance]

Delaware,

Hi. I am trying to find whether or not there is Judicial Notice in the State of Delaware concerning Laser Radar guns. I have scoured the web everywhere and unfortunetly cannot find whether or not it exists in my state.
I would really appreciate any help I can get as my case is this Friday May 11.

Thanks guys for your help.

This place is awesome. What is the name of your state?

[shivatrance]

I understand that but I also know that when it comes to laser radar it varies from state to state as far as the Judicial Notice existing in the state. All I need to know is there Judical Notice in Delaware?

[cepe10]

[url]http://courts.delaware.gov/opinions/(z1yvki55p32rxgrgfvjrcdn2)/download.aspx?ID=76330[/url]

See State v. Jarwan, 2000 WL 33113846, at *3 (Del. Super. Dec. 8, 2000).

Some units have and some haven't - the burden of proof to show it is up to the party presenting the evidence - the prosecution in this case to follow the rules of evidence and provide foundation...

D.R.E. 702. See also Nelson v. State, Del. Supr., 628 A.2d 69, 73 (1993) (noting that the general acceptance test of Frye is not the sole criterion for assessing the admissibility of scientific test results or evidence); id. at 73-74 nn. 5-6 (holding that scientific evidence must satisfy the pertinent Delaware Rules of Evidence concerning admission of scientific testimony or evidence, i.e., D.R.E. 401, 402, 403, 702, and 703, and be relevant and reliable).

We hold that it was an abuse of discretion for the Superior Court to admit the HGN evidence without the proper foundation. Because the error was not harmless, we reverse the appellant's conviction for the June 25, 1995 incident and remand the case for a new trial. Consequently, we also set aside Zimmerman's sentence for the August 26, 1995 incident and remand the case for a new sentencing order consistent with his prior "offenses," as the term is herein defined, as of his original sentencing date, February 23, 1996.