Justia Delaware Supreme Court Opinion Summaries

Defendant Derrick Powell appealed his death sentence directly to the Supreme Court. Defendant was convicted for the murder of Georgetown Police Officer Chad Spicer. On appeal, Defendant argued that there were legal flaws in the police investigation of the homicide and in the jury trial that fatally tainted his conviction, and that his death sentence was both unconstitutional and disproportionate to sentences handed down in similar cases. Upon review, the Supreme Court concluded Defendant's claims lacked merit and affirmed his sentence. View "Powell v. Delaware" on Justia Law

Defendant Kevin Dickens made a direct appeal to the Supreme Court following his conviction of two counts of assault in a detention facility and acquittal of one count of assault in a detention facility. Upon motion by the State, the Superior Court declared Defendant to be a habitual offender and sentenced him to a total period of sixteen years at Level V incarceration to be followed by a sex month term of probation. Defendant raised nine issues on appeal; upon review of each, the Supreme Court found error in the superior court's calculation of Defendant's sentence. The Court affirmed the superior court in all other respects, and remanded the case for resentencing. View "Dickens v. Delaware" on Justia Law

Owner of Pulse Construction Defendant-Appellant Gerry J. Mott appealed appealed a Superior Court judgment which him guilty of one count of Construction Fraud. the Superior Court sentenced him to probation and ordered restitution in the amount of $68,576.89. During the restitution hearing, the trial judge refused to hear testimony regarding a loan of $20,000 Mott claimed he made to the complainants for windows and doors that Mott installed in their home. On appeal, Mott claimed that the sentencing judge improperly interpreted the statutory formula for calculating the amount of loss to a victimized home buyer. He also contended that the trial judge improperly refused to allow testimony at Mott’s restitution hearing regarding the "set off" for the $20,000 given to the home buyers for windows and doors. Upon review, the Supreme Court affirmed the judgment because Mott failed to bring a counterclaim in an earlier mechanics lien suit implicating the $20,000 alleged debt and Super. Ct. Civ. R. 13(a) barred him from doing so. View "Mott v. Delaware" on Justia Law

Defendant-Appellant, Darren Arnold appealed a Family Court judgment that denied his petition for expungement of his entire juvenile record. Defendant's petition followed a gubernatorial pardon of his adult conviction for Misdemeanor Terroristic Threatening. Defendant contended that the Family Court erred as a matter of law by failing to give effect to title 10, section 1013 of the Delaware Code, which provides for automatic expungement of an individual's juvenile record after that individual receives a gubernatorial pardon. Upon review, the Supreme Court concluded Defendant's statutory argument was correct, and that the Family Court's order must be reversed. View "Arnold v. Delaware" on Justia Law