In his concurring opinion in California v. Green, the Chief Justice emphasized "the importance of allowing the states to experiment and innovate, especially in the area of criminal justice." 399 U.S. at 171. Because I believe that comment is applicable to the Delaware court's consideration of the question that is functionally equivalent to the
question left open in Green (and discussed in footnote 18 on page 169), I adhere to my vote to deny cert.
Stevens, J.P. Correspondence from Stevens to O'Connor, Delaware v. Fensterer, 474 U.S. 15 (1985). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.