Justia Delaware Supreme Court Opinion Summaries

The appellant was charged with several serious offenses after allegedly shooting a neighbor during a dispute at their apartment complex. The evidence included eyewitness testimony, gunshot residue on the appellant’s hands, and ammunition found in the appellant’s apartment matching shell casings at the scene. The appellant ultimately entered a no-contest plea to reduced charges, but later sought to withdraw the plea, claiming that his attorney’s actions led him to enter the agreement involuntarily and without full understanding of the case against him.After the appellant attempted to file a pro se motion to withdraw his plea, his defense counsel followed guidance from a prior decision (Reed v. State) by moving to withdraw as counsel and requesting substitute counsel. The Superior Court of the State of Delaware held a hearing, but did not first address the motion to withdraw as counsel. Instead, the court required the appellant to advocate for his own plea withdrawal and ultimately granted the motion to withdraw the plea, finding it had not been entered voluntarily. However, the court denied counsel’s motion to withdraw and required the same attorney to represent the appellant at trial, where he was convicted by a jury and sentenced to prison.On appeal, the Supreme Court of the State of Delaware held that when defense counsel moves to withdraw after a defendant expresses a desire to withdraw a plea, the trial court must first address and resolve the motion to withdraw as counsel, applying the established “good cause” standard. The failure to do so in this case resulted in the defendant being denied his constitutional right to counsel at a critical stage. The Supreme Court reversed the appellant’s convictions and remanded for further proceedings consistent with its opinion. View "Bolden v. State" on Justia Law

After a series of shootings in Wilmington, Delaware, Kyair Keys was charged with attempted murder, assault in the first degree, and multiple firearm offenses stemming from incidents between January 14 and January 22, 2022. Surveillance footage and ballistics evidence linked Keys to the shootings, and he was apprehended driving a stolen vehicle. During the investigation, police obtained an Instagram video showing Keys in the stolen car listening to a rap song with lyrics allegedly alluding to violent conduct and referencing his street nickname.The Superior Court of the State of Delaware presided over Keys’s trial. Prior to trial, the State sought to admit the Instagram video, including its audio, as evidence. Keys objected, arguing the song’s lyrics were irrelevant and unduly prejudicial. The Superior Court viewed the issue through Delaware Rule of Evidence 404(b), which concerns evidence of other crimes, wrongs, or acts, and ultimately overruled Keys’s objection, allowing the jury to hear both the video and police interpretation of the lyrics. The jury found Keys guilty on most counts, and he was sentenced to 47 years of incarceration, followed by probation.On appeal to the Supreme Court of the State of Delaware, Keys argued that admitting the audio portion of the video was an abuse of discretion and prejudiced the jury unfairly. The Supreme Court found that while the Superior Court’s decision to admit the audio evidence was questionable and likely should have been excluded due to lack of relevance and prejudicial effect, any error was harmless given the substantial other evidence of guilt. Therefore, the Supreme Court of Delaware affirmed the convictions. View "Keys v. State" on Justia Law

Three individuals were arrested after a fatal shooting in a Delaware apartment complex. Surveillance and witness testimony established that a caravan of vehicles traveled together to the scene, where two men exited, one remaining in front of a building while the other proceeded to the rear. The man at the front, later identified as the defendant, fired shots into the air, while the other shot and killed the victim, who was not the intended target. The defendant was also seen moving toward the back of the building and holding a firearm near the victim. After the shooting, all involved fled together.A grand jury indicted the defendant and two others for first-degree murder and related offenses. One co-defendant pleaded guilty to lesser charges. Following a bench trial in the Superior Court of the State of Delaware, the defendant was found guilty on all counts, while another co-defendant was acquitted. The defendant moved for judgment of acquittal, arguing the evidence failed to establish intent to kill the victim, failed to prove accomplice liability, and that he had withdrawn from any complicity before the murder. The Superior Court denied the motion, finding that liability attached based on the intent to promote the criminal conduct, regardless of the victim’s identity, and that the defendant did not effectively withdraw from the joint criminal enterprise.On appeal, the Supreme Court of the State of Delaware reviewed de novo the denial of the motion for judgment of acquittal and affirmed the Superior Court’s decision. The Supreme Court held that, under Delaware law, a person may be found guilty of first-degree murder as an accomplice if he intentionally aided the commission of the offense, regardless of whether he was the actual shooter, and that withdrawal from complicity requires affirmative acts to sever involvement, which the defendant had not demonstrated. The conviction and judgment were affirmed. View "Henry v. State" on Justia Law

The appellant was charged with multiple serious sexual offenses involving a minor, including first-degree rape, child sexual abuse by a person in a position of trust, and unlawful sexual contact. Prior to trial, his defense counsel raised concerns about his mental health and ability to participate meaningfully in his defense, noting that while the appellant understood the legal process and charges, he appeared unable or unwilling to engage in his own defense. The trial court ordered a psychiatric evaluation, which found the appellant incompetent to stand trial due to his refusal to participate. The parties subsequently agreed that he should undergo a competency restoration program.After completing the restoration program, a second psychiatric evaluation was conducted. This evaluation concluded that the appellant’s condition had improved, finding him able to communicate with counsel and participate in his defense. The Superior Court of the State of Delaware reviewed both evaluations and, after a teleconference with counsel, found the appellant competent to stand trial. The court scheduled trial, during which the appellant’s counsel did not again raise the competency issue. The appellant was convicted by a Superior Court jury of ten offenses and sentenced to 216 years of imprisonment.On appeal to the Supreme Court of the State of Delaware, the appellant argued that the trial court failed to make adequate factual findings in its competency ruling and that the record as a whole did not support the finding of competency. The Supreme Court reviewed the legal standard de novo and factual findings for support in the record, holding that the trial court relied on competent psychiatric evaluations and statements from counsel, satisfying its duty to make and briefly state factual findings. The Supreme Court found the record supported the determination of competency and affirmed the judgment of the Superior Court. View "Castro v. State" on Justia Law

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