Justia Delaware Supreme Court Opinion Summaries

Following a six-day trial, a jury convicted Sirron Benson of Murder First Degree and Possession of a Firearm During the Commission of a Felony in connection with the 2011 shooting death of Braheem Curtis. Benson was sentenced to a term of life imprisonment as to Murder First Degree and twenty years at Level V to be served consecutively as to Possession of a Firearm During the Commission of a Felony. On appeal, Benson argued: (1) it was plain error for the trial judge not to issue a curative instruction sua sponte when the prosecutor, in his rebuttal summation, stated that Benson’s intent to cause death could be inferred from the weapon used to perpetrate the crime; and (2) the trial judge committed reversible error by failing to give a cautionary instruction relating to the testimony of an informant witness who was receiving a benefit from the State in exchange for his testimony. Finding no merit to either of Benson’s arguments, the Supreme Court affirmed. View "Benson v. Delaware" on Justia Law

Tameka Giles was murdered after a botched robbery attempt in 2006. She was walking with her husband when two men approached them and demanded money. After she refused, one of them fatally shot her in the back. Both men fled. The police quickly identified Ronald Harris as a suspect based on eyewitness identification from Angela Rayne, who had been smoking crack cocaine nearby at the time of the shooting. Mrs. Giles' husband also tentatively identified Kellee Mitchell as one of the shooters in a photo lineup. The police arrested both men on February 18, 2006. At the time of the arrest, defendant Mark Purnell was in Harris' apartment, but was not yet considered a suspect. Neither Harris nor Mitchell identified Purnell as one of the assailants during any of their respective interviews with the police in 2006. Purnell was not identified as a suspect until January 2007, when Corey Hammond informed the police that he had seen Purnell and Harris together on the day of the shooting. Purnell was ultimately tried and convicted for second degree murder, first degree attempted robbery, possession of a firearm during commission of a felony, possession of a deadly weapon during commission of a felony, possession of a deadly weapon by a person prohibited, and second degree conspiracy. Purnell was sentenced to an aggregate of 77 years at L-5, 21 years of which were mandatory, suspended after serving 45 years at decreasing levels of supervision. Purnell's convictions and sentences were affirmed by the Supreme Court on direct appeal. He appealed the Superior Court's denial of his Rule 61 motion for postconviction relief raising four arguments on appeal, all related to the performance of his trial counsel. After review, the Delaware Supreme Court found no merit to Purnell's appeal. Accordingly, it affirmed the Superior Court. View "Purnell v. Delaware" on Justia Law

Erin Lowther was arrested after an altercation with her sister-in-law Trisha. A grand jury issued a superseding indictment, charging Lowther with second degree assault, terroristic threatening and offensive touching. At trial, Lowther unsuccessfully moved to acquit on the terroristic threatening charge. The jury found Lowther guilty of assault and terroristic threatening, but not offensive touching. Lowther was sentenced to six years at Level V incarceration, eighteen months suspended at Level III probation for assault, and one year at Level V incarceration, suspended for one year at Level III probation for terroristic threatening. On appeal, she raised two issues: (1) the evidence presented against her at trial was insufficient to support the threatening charge; and (2) the trial court erred in instructing the jury with regard to the threatening charge. Finding no merit to these arguments, the Supreme Court affirmed the trial court's judgment. View "Lowther v. Delaware" on Justia Law

Defendant-Appellant Nicole Hansley was convicted by jury of Tier 4 Drug Dealing, Tier 5 Aggravated Possession, Possession of Cocaine, and Possession of Drug Paraphernalia. She raised two issues on appeal, one of which was conceded by the State. Hansley’s remaining claim was that the trial court erred by precluding Hansley from introducing relevant testimony of a former police officer that Hansley was a prostitute addicted to crack cocaine, thereby violating Hansley’s constitutional right to present a defense. Upon review, the Delaware Supreme Court found that the trial court erred by excluding relevant testimony in violation of the Delaware Rules of Evidence. Accordingly, the Court reversed. The Court did not reach Hansley’s constitutional argument. View "Hansley v. Delaware" on Justia Law

Defendant-appellant Nicole Hansley was convicted by jury of Tier 4 Drug Dealing, Tier 5 Aggravated Possession, Possession of Cocaine, and Possession of Drug Paraphernalia. Hansley raised two issued on appeal, one of which was conceded by the State. Her remaining claim was that the trial court erred by precluding Hansley from introducing relevant testimony of a former police officer that Hansley was a prostitute addicted to crack cocaine, thereby violating Hansley’s constitutional right to present a defense. Upon review of the matter, the Supreme Court found the trial court erred by excluding the testimony in violation of the Delaware Rules of Evidence, and accordingly, reversed. View "Hansley v. Delaware" on Justia Law

Dana Fuller appealed a Family Court decision denying her petition for expungement of her juvenile record because she had committed three traffic violations as an adult. In this case, the Family Court held that Fuller's violations of Title 21, which governs motor vehicles, were "subsequent . . . adult convictions." But the Family Court has reached different conclusions in other cases as to whether a traffic violation under Title 21 of the Delaware Code is a subsequent adult conviction that precludes expungement of a juvenile record. On appeal, Fuller argued that Title 21 offenses were not "subsequent adult convictions" and the denial of her expungement was therefore erroneous. After review, the Supreme Court held that a "subsequent adult conviction” is a later conviction only for a crime in violation of Title 4, 7, 11, 16, or 23 of the Delaware Code, and does not include a violation of Title 21. Accordingly, we reverse the Family Court's decision. View "Fuller v. Delaware" on Justia Law

Defendant Andrey Zhurbin was convicted by jury of leaving the scene of a collision after an accident that took place in a casino parking lot. On appeal, he argued that his conviction should have been vacated because the collision was on private property, and to have been charged under 21 Del. C. Sec. 4021, the collision should have taken place on a public highway. The Supreme Court affirmed, concluding Zhurbin misread the law: a collision can occur on public or private property to give rise to a charge (or conviction) under 21 Del. C. 4201. Furthermore, because Zhurbin did not raise this issue at trial, any failure of the trial court to grant a judgment of acquittal because of this issue had to be plain error, which the Supreme Court found it was not. View "Zhurbin v. Delaware" on Justia Law

On May 9, 2014, defendant-appellant, John Benge, Jr., appealed a January 16, 2014 superior court order denying his Motion for Modification of Probation and an April 9, 2014 order denying his Motion for Reargument. On May 29, 2014, Benge filed an appeal of another superior court's February 14, 2014 order denying his Motion for Modification of Probation and April 29, 2014, order denying his Motion for Reargument. After Benge filed his opening briefs in both appeals, the State filed a Motion to Consolidate the appeals. Then on August 27, 2014, Benge filed a Motion for Expedited Further Proceedings. Based on his calculations, he claimed that his probation had ended on May 9, 2014, except for Level I Restitution Only probation, and yet he remained subject to the conditions of Level III probation. The State did not oppose the motion because briefing had already been completed. In light of the completion of briefing and submission of the matter for decision as of September 12, 2014, the Supreme Court held that the Motion for Expedited Further Proceedings was moot. On appeal, Benge argued that the two Superior Court judges erred in denying his motions to reduce the level of his supervision from Level III to Level I and that the length of his probation was calculated incorrectly. Upon consideration of the briefs of the parties and the record below, the Supreme Court found no reversible errors, and affirmed. View "Benge v. Delaware" on Justia Law

Defendant-appellant Tremein Hoskins appealed a Superior Court order denying his Rule 61 Motion for Postconviction Relief following his conviction of murder second degree. Hoskins brought five arguments on appeal, all relating to the performance of his trial counsel: (1) the Superior Court erred in relying on his counsel’s affidavit in response to Hoskins’ Motion for Postconviction Relief, creating a structural error that violated his Sixth Amendment right to counsel; (2) his counsel was ineffective when he failed to request an accomplice credibility jury instruction; (3) his counsel was ineffective when he failed to request a single theory unanimity jury instruction; (4) his trial counsel was ineffective when he failed to object to the admissibility of out-of-court statements made by his accomplice; and (5) the cumulative effect of trial counsel’s actions resulted in an unfair trial. Finding no merit to any of these contentions, the Delaware Supreme Court affirmed. View "Hoskins v. Delaware" on Justia Law

Appellant Clifford Lum argued that his convictions for the offenses of possession of ammunition and possession of a deadly weapon by a person prohibited should have been vacated because the Superior Court erred in denying his motion for a judgment of acquittal. Lum argued that the State did not present sufficient evidence in its case-in-chief for the Court to have concluded he knowingly possessed those items. Finding the evidence sufficient to support his convictions, the Supreme Court affirmed. View "Lum v. Delaware" on Justia Law