Justia Delaware Supreme Court Opinion Summaries

A confidential informant reported seeing Anthony Miller, known as “Thugsy,” carrying a handgun and selling drugs in Wilmington, Delaware. Police surveilled the area, observed Miller, and attempted to arrest him. Miller fled, resisted arrest, and was subdued. Officers recovered a loaded handgun and drugs, including pills that tested positive for MDMA and cocaine. Miller admitted to selling MDMA and possessing the firearm. He was initially indicted by a New Castle County grand jury for several offenses, including Drug Dealing MDMA (a Class B felony). A subsequent reindictment changed the main drug charge to Drug Dealing Methamphetamine (a Class C felony), reflecting the actual substance involved.Before his suppression motion was heard, Miller entered a plea agreement in the Superior Court of the State of Delaware, pleading guilty to Drug Dealing Methamphetamine, Possession of a Firearm During the Commission of a Felony, and Resisting Arrest. Due to clerical errors, the plea paperwork and colloquy incorrectly identified the drug dealing charge as a Class B felony with a higher sentencing range, even though the court read the correct substance and quantity from the reindictment. Miller was sentenced to a total of seven years of unsuspended prison time. He did not seek to withdraw his plea but appealed, arguing that his constitutional right to be indicted by a grand jury was violated because he pled guilty to an unindicted, more serious offense.The Supreme Court of the State of Delaware reviewed the case for plain error, as Miller had not raised the issue below. The court held that Miller’s substantial rights were not affected because he received significant benefits from the plea, including immediate sentencing and avoidance of a much longer potential sentence. The court found no plain error and affirmed the conviction, but remanded to the Superior Court to consider Miller’s pending motion for sentence reduction. View "Miller v. State" on Justia Law

A man was shot and killed outside a convenience store in Wilmington, Delaware. Surveillance footage captured the masked shooter’s movements before and after the incident, and police identified several witnesses, including Darnella Spady, who was present at the scene. During a police interview, Spady identified the shooter as “Gunner,” later determined to be Kevin Berry, and described her interactions with him. However, at trial, Spady was uncooperative, claimed memory loss due to drug use, and stated she could not recall the shooting or her prior statement to police. The prosecution sought to admit Spady’s out-of-court statement as substantive evidence under 11 Del. C. § 3507.The Superior Court of the State of Delaware conducted a bench trial after Berry waived his right to a jury. The court admitted Spady’s prior statement over Berry’s objection, finding that the State had established the necessary foundation under Section 3507 and that the statement was voluntary. The court found Berry guilty of first-degree murder and related weapons charges, and sentenced him to life plus ten years. Berry appealed, arguing that the trial court erred in admitting Spady’s statement and urging the Delaware Supreme Court to overturn its recent precedent in McCrary v. State, which clarified the foundational requirements for admitting such statements.The Supreme Court of the State of Delaware reviewed the case and affirmed the Superior Court’s decision. The Court held that there was no urgent reason or clear error warranting a departure from McCrary v. State, and that the trial court did not abuse its discretion in admitting Spady’s statement. The Court concluded that the State’s questioning satisfied the statutory requirements, and Berry’s confrontation rights were not violated. The convictions were affirmed. View "Berry v. State" on Justia Law

A masked assailant entered a jewelry store in Delaware, assaulted the owner with a gun and hammer, smashed display cases, and stole jewelry before fleeing. The owner, Chang Yen Suh, suffered significant injuries requiring hospitalization and months of rehabilitation. Calvin Ushery was indicted for multiple offenses, including first-degree robbery, first-degree assault of a person over 62, possession of a deadly weapon during the commission of a felony, and other related charges. After a mistrial in the first jury trial, a second jury trial resulted in Ushery’s conviction on three counts. The State dismissed several other charges, and Ushery was sentenced as a habitual offender to substantial prison terms.The Superior Court of the State of Delaware presided over both trials and sentencing. Ushery appealed, arguing that the trial court failed to properly admonish the jury against pre-deliberation discussions and exposure to extrajudicial information, and that the court erred by not investigating or excusing an alternate juror who submitted a note raising questions about the evidence and his own hearing difficulties. Ushery claimed these failures violated his constitutional right to a fair trial by an impartial jury and requested the adoption of a presumption of juror misconduct when admonishments are lacking.The Supreme Court of the State of Delaware reviewed the case for plain error, as Ushery’s claims were not raised at trial. The Court held that, although daily admonishments are recommended, the instructions given were sufficient and did not constitute plain error. The Court also found no evidence of juror misconduct or bias, and that the trial court acted within its discretion regarding the alternate juror. The Supreme Court affirmed the Superior Court’s judgment of conviction. View "Ushery v. State" on Justia Law

Two young sisters reported to their mother that their father had sexually abused them. The mother contacted the police, and after an investigation, the State charged the father with multiple offenses related to the sexual abuse of both daughters, who were under the age of twelve at the time. Before trial, the defense sought permission to introduce evidence of the daughters’ prior sexual abuse allegations against other individuals, including a half-brother and a cousin, arguing this evidence was relevant to their credibility and knowledge of sexual matters. The defense also requested to admit a police report describing the children’s inappropriate behavior, but later withdrew some of these requests.The Superior Court of the State of Delaware denied the defense’s motion to admit the prior allegations, finding the evidence either nonspecific or lacking proof of falsity, and applied a clear and convincing evidence standard for showing that prior allegations were false. At trial, both daughters testified, with one allowed to hold a stuffed animal for comfort. The jury convicted the father on most charges, and he was sentenced to 119 years in prison. The defense moved for a new trial, arguing the court used the wrong legal standard for admitting the prior allegations and improperly allowed the comfort item. The Superior Court denied the motion, reaffirming its evidentiary rulings and the standard applied.On appeal, the Supreme Court of the State of Delaware reviewed whether the Superior Court applied the correct legal standard regarding the admissibility of prior sexual abuse allegations and whether it abused its discretion in allowing the comfort item. The Supreme Court held that, regardless of the standard, the defense failed to present any evidence that the prior allegations were false, and thus exclusion was proper. The Court also found no abuse of discretion in permitting the child to hold a stuffed animal while testifying. The convictions and judgment were affirmed. View "Massey v. State" on Justia Law

On the evening of December 18, 2022, a witness observed Kevin Stevens driving erratically in Wilmington, Delaware, nearly hitting another car and colliding with a parked vehicle. The witness followed Stevens, who eventually parked across two spaces at a shopping center and appeared disoriented before entering a Rite Aid pharmacy. Inside, Stevens was seen slumped over and fell to the floor, prompting the store manager to call the police. When Trooper Setting arrived, he noted that Stevens did not show signs of alcohol intoxication but appeared incoherent and unable to complete field sobriety tests. Stevens was arrested on suspicion of driving under the influence of drugs. Blood tests later revealed the presence of flubromazepam, a benzodiazepine derivative, and fentanyl.The Superior Court of the State of Delaware conducted a jury trial in March 2024. Stevens testified in his own defense, denying the erratic driving and claiming physical limitations prevented him from performing sobriety tests. He also challenged the admissibility of the State’s toxicology evidence, arguing that the State failed to provide sufficient foundation for the blood test results because it did not introduce calibration records for the testing machines. The trial judge overruled these objections, finding that the State’s expert witnesses provided adequate testimony regarding the machines’ calibration and reliability. Stevens was convicted of driving under the influence of drugs and driving with a suspended license. His motion for a new trial, based on similar evidentiary arguments, was denied.On appeal, the Supreme Court of the State of Delaware reviewed whether the Superior Court erred in admitting the toxicology evidence without calibration records. The Supreme Court held that there is no bright-line rule requiring the State to introduce calibration documents when expert witnesses testify to the reliability and calibration of laboratory equipment. The Court found no abuse of discretion in the Superior Court’s evidentiary rulings and affirmed Stevens’s convictions. View "Stevens v. State" on Justia Law

An eleven-year-old girl, I.G., accused her 22-year-old cousin, Marckenley Gustave, of repeated sexual assaults while they lived together in Delaware. I.G. testified that Gustave assaulted her on five occasions when they were alone, describing specific acts and referencing text messages and gifts related to the abuse. After I.G. disclosed the abuse to her mother, she was taken to a hospital, where both she and Gustave tested positive for chlamydia. Gustave was interviewed by police, during which he made incriminating statements, and then evaded law enforcement for several weeks before being arrested.A New Castle County grand jury indicted Gustave on multiple counts, including Rape First Degree and Unlawful Sexual Contact First Degree. During the Superior Court jury trial, the State played two short video clips from Gustave’s police interview—first to impeach his trial testimony and later as substantive evidence through a detective’s testimony. The State moved to admit the clips as exhibits after the close of evidence, and the trial court marked them as court exhibits, not to be sent to the jury. Due to a clerical error, the clips were mistakenly provided to the jury during deliberations. The court promptly removed them and issued a curative instruction. Gustave’s motions for a mistrial and a new trial, based on this error, were denied. The jury convicted him on several counts, and he was sentenced to 81 years.On appeal, the Supreme Court of the State of Delaware reviewed whether the Superior Court abused its discretion in denying the motions. The Supreme Court held that the trial court applied the correct legal standards, found no actual or inherent prejudice from the error, and that the curative instruction was sufficient. The convictions were affirmed. View "Gustave v. State" on Justia Law

Capice Johnson was convicted of attempted murder in the first degree, reckless endangering in the first degree, and two counts of possession of a firearm during the commission of a felony. The incident involved a drive-by shooting in Middletown, Delaware, where a masked man on an orange dirt bike fired at least 17 shots at Siyona Jones and Thomas Haye, critically injuring Jones. Surveillance footage and other evidence, including images from Johnson’s cell phones, linked him to the crime. Johnson was sentenced to 75 years of incarceration, suspended after 30 years for probation.In the Superior Court of the State of Delaware, Johnson was found guilty on all counts except for carrying a concealed deadly weapon without a license. His defense strategy was to create reasonable doubt about the identity of the shooter. The State’s key witness, Detective Joshua Stafford, provided testimony while surveillance videos were played to the jury. Johnson did not request a limiting instruction regarding Stafford’s narration of the videos, and the jury was instructed that they were the sole judges of the facts and witness credibility.The Supreme Court of the State of Delaware reviewed the case and affirmed the Superior Court’s judgment. The court held that the trial judge did not err in failing to provide a limiting instruction sua sponte regarding Stafford’s testimony. The court found that Stafford’s testimony was a neutral explanation of the surveillance footage and did not constitute lay-opinion identification testimony. Additionally, the jury was properly instructed on their role as fact-finders. Even if the failure to give a limiting instruction was considered an error, it did not rise to the level of plain error that would have affected the outcome of the trial. View "Johnson v. State" on Justia Law

Steven Kellam was convicted in the Superior Court of Delaware for racketeering, two counts of first-degree felony murder, and other crimes, resulting in two life sentences plus 770 years in prison. Kellam sought postconviction relief under Superior Court Criminal Rule 61, arguing that his convictions were unjust. The Superior Court rejected all but one of his claims, agreeing that the felony-murder jury instruction misstated the law, leading to the vacatur of his felony-murder convictions and life sentences.Kellam appealed the Superior Court's rejection of two grounds for postconviction relief. He argued that the amendment of his indictment was so substantive that it resulted in his conviction for racketeering without proper indictment, undermining the court's jurisdiction. He also claimed ineffective assistance of counsel for his trial lawyer's failure to request a jury instruction on accomplice liability.The Delaware Supreme Court reviewed the case. It found that Kellam's challenge to the indictment amendment was procedurally barred because he did not object during the trial and failed to show cause and prejudice. The court also determined that the alleged defect in the indictment was curable and did not divest the Superior Court of jurisdiction.Regarding the ineffective assistance of counsel claim, the court concluded that Kellam's trial counsel made a reasonable strategic decision not to request a Section 274 instruction, as it would not have benefited Kellam and could have undermined the defense's credibility.The State cross-appealed, arguing that the Superior Court erred in vacating Kellam's felony-murder convictions due to the flawed jury instruction. The Delaware Supreme Court agreed, distinguishing this case from Ray v. State, and found that the faulty instruction did not prejudice Kellam's defense. The court reversed the Superior Court's vacatur of Kellam's felony-murder convictions and remanded for reinstatement of those convictions and sentences. View "Kellam v. State" on Justia Law

Tyler Ford was involved in a fatal car accident where he raced his friend, Kyle Fischer, towards a busy intersection, ran a red light, and collided with another vehicle, killing its driver, Nathaniel Milton. Ford was driving at a high speed, weaving through traffic, and did not brake before the collision. He later claimed that his brakes were malfunctioning, but a mechanic found no issues with them. Ford was charged with second-degree murder, driving under the influence, improper passing, and disregarding a red light.The Superior Court of Delaware held a jury trial where Ford was convicted of second-degree murder and related traffic offenses but acquitted of one DUI charge. Ford moved for a judgment of acquittal and a new trial, both of which were denied by the Superior Court. The court found that the evidence supported the jury's verdict and that the jury instructions were appropriate.The Supreme Court of Delaware reviewed the case and affirmed the Superior Court's decision. The court held that the evidence presented at trial was sufficient for a reasonable jury to find Ford guilty of second-degree murder, as his actions demonstrated a "cruel, wicked, and depraved indifference to human life." The court also found that the jury instructions were correct and that any minor errors in the oral instructions were harmless, as the written instructions provided to the jury were accurate. Additionally, the court ruled that the video of the collision was admissible and its probative value was not substantially outweighed by the danger of unfair prejudice. The court concluded that the Superior Court did not abuse its discretion in any of its rulings, and Ford's convictions were upheld. View "Ford v. State" on Justia Law

The defendant was convicted of stalking, harassing, and making terroristic threats against his ex-girlfriend while in prison. The threats, made via telephone and text messages, were numerous and vile, often including a racial slur. The evidence consisted of recordings of phone calls and a log of text messages. The racial slurs were not directed at the ex-girlfriend nor integral to the specific threats.The defendant moved to redact the racial slur from the evidence, arguing it was irrelevant and prejudicial. The trial court denied the motion, ruling that the defendant had no basis to object to the jury hearing the slur since he had used it. The court did not consider whether the probative value of the slur was substantially outweighed by its prejudicial effect, which was an error.The Delaware Supreme Court reviewed the case and found that the trial court erred by not conducting the required balancing test under Delaware Rule of Evidence 403. The Supreme Court held that the admission of the racial slur was an error but concluded that the error was harmless beyond a reasonable doubt due to the overwhelming evidence against the defendant. The court also addressed other issues raised by the defendant, including challenges to jury instructions and a double jeopardy claim, but found them without merit.The Delaware Supreme Court affirmed the defendant's convictions, holding that the trial court's error in admitting the racial slur did not affect the outcome of the trial. The court emphasized the importance of conducting a proper balancing test when considering the admissibility of potentially prejudicial evidence. View "Jewell v. State" on Justia Law