Justia Delaware Supreme Court Opinion Summaries

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

Defendant-appellant Ronald Luttrell appealed his convictions for Attempted Rape in the First Degree, three counts of Unlawful Sexual Contact in the First Degree, one count of Attempted Unlawful Sexual Contact in the First Degree, and two counts of Indecent Exposure. Defendant raised two issues on appeal: (1) the Superior Court abused its discretion when it failed to grant his motion for a bill of particulars, because the indictment did not clearly delineate the acts for which he was being prosecuted or when they occurred, and therefore it did not allow him to adequately prepare a defense or protect him from double jeopardy; and (2) the Superior Court committed plain error when it allowed impermissible vouching evidence to be presented to the jury. Upon review, the Supreme Court concluded the Superior Court abused its discretion in denying defendant's motion for a bill of particulars, and that the admission of vouching evidence constituted plain error. The matter was remanded for a new trial. View "Luttrell v. Delaware" on Justia Law

Defendant-Appellant Brandon Williams appealed his convictions of Burglary Second Degree, Unlawful Use of a Credit Card, Misdemeanor Theft, and Resisting Arrest. The State alleged that Williams entered the home of Jeffrey Fisher through an open window and stole his wallet from his home office. Williams did not object at trial to the evidence of officers being dispatched to a nearby gas station in which surveillance video captured Williams using the stolen credit card. In his defense, Williams conceded that he unlawfully used Fisher’s credit card and that he resisted arrest. But he denied that he was the person who burglarized the Fishers’ home. Instead, Williams claimed that he found the wallet and that he had been too intoxicated to commit the burglary. The jury found Williams guilty of all charges. The trial court sentenced Williams to fifteen years of imprisonment as a habitual offender. On appeal, Williams argued: (1) the trial court committed plain error when it allowed the State to emphasize through four police officers and closing argument that Williams was arrested in this burglary case after the police responded to a call of an attempted burglary at the gas station; and (2) that the trial court plainly erred and unfairly bolstered police testimony when it provided an expert-witness jury instruction that referred to police officers because there was no qualified expert who testified at trial. The Supreme Court found no merit to Williams' appeal, and affirmed his convictions. View "Williams v. Delaware" on Justia Law

James Cooke was convicted of, among other things, raping and murdering a 20-year-old University of Delaware student. Cooke appealed his convictions and the death sentence, seeking either a new trial, or at least a new penalty hearing. Cooke listed ten claims of error on appeal that "def[ied] brief summary. But what is common to all of Cooke's arguments is that none of them provides a basis for reversing the judgment of convictions and the death sentence that were entered against him." View "Cooke v. Delaware" on Justia Law

Christiana Ozdemir and Douglas Riley began a relationship in 2005. The couple had a son in 2007 and a daughter in early 2009. In June 2009, Ozdemir told Riley that she was going to New York for two weeks with the children. She and the children never returned. Riley filed a petition for custody in Delaware. In response, Ozdemir filed petitions for custody and for a protective order in New York. In November 2009, the Delaware Family Court and the New York court held a telephonic joint hearing, during which Ozdemir and Riley were present. The courts determined that Delaware had jurisdiction over the custody matter. Following the hearing, the Family Court entered an interim custody order awarding Ozdemir sole legal custody and primary residency of the children. Riley was given limited visitation rights. Ozdemir failed to bring the children to some of the scheduled visits, and the Family Court found her in contempt.In October 2010, the Family Court entered a temporary custody order awarding Ozdemir and Riley joint legal custody and shared residency on an alternating monthly basis. The trial court held a review hearing in April 2011, but Ozdemir failed to attend. At the review hearing, the Family Court entered another order awarding Riley sole legal custody and primary residency of the children. Riley attempted to enforce Order in New York, but the New York police did not help him. In March 2012, the Family Court appointed a guardian ad litem to represent the children. In January 2013, the Family Court held more hearings which Ozdemir did not attend. Because of Ozdemir kept thwarting of Court orders and the guardian ad litem’s recommendations, it was in the best interests of the children to be placed in Riley care. Ozdemir failed to appear on the day she was supposed to hand over the children. A warrant was issued for her arrest. The Federal Marshal’s Fugitive Task Force took Ozdemir into custody in Miami, Florida, and she was returned to Delaware. Her children were found in New York, and brought to Delaware in to face two counts of felony interference with custody.At trial, the State offered into evidence five unredacted Family Court orders to establish that Riley was entitled to custody of the children, and that Ozdemir had intentionally withheld the children from him. The jury found Ozdemir guilty on all counts. This appeal followed. The issue this case presented to the Supreme Court was whether Family Court records could be used in the Superior Court to prove that appellant committed the offense of interference with custody. The Supreme Court held that, without redaction, the Family Court records were inadmissible because they included hearsay. Accordingly, the Court reversed. View "Ozdemir v. State" on Justia Law

A Kent County Grand Jury returned an indictment against defendant-appellant Dashawn Ayers, defendant-appellant Michael Demby, Galen Brooks, and 11 other individuals. Ayers was charged with one count of Drug Dealing, one count of Aggravated Possession, and one count of Conspiracy Second Degree. Demby was charged with two counts of Drug Dealing, two counts of Aggravated Possession, two counts of Conspiracy Second Degree, one count of Criminal Solicitation Second Degree, and one count of Possession of Drug Paraphernalia. Before trial, Ayers and Demby unsuccessfully moved to suppress the wiretap evidence. Ayers also filed a Motion to Sever, which was denied. The jury convicted Ayers on all counts. Demby was convicted of one count of Drug Dealing, one count of Aggravated Possession, one count of Conspiracy Second Degree, and one count of Possession of Drug Paraphernalia. He was acquitted on the remaining charges. Ayers and Demby filed separate appeals, which were consolidated for consideration and decision. Defendants argued on appeal to the Supreme Court that the recordings were “testimonial” because two witnesses explained the meaning of the codes used in the recorded conversations, and appellants were unable to cross-examine the declarants about the coded language. The Court held that the wiretap recordings, used to prove that appellants committed the crime of conspiracy, were admissible. There was no constitutional violation, and defendants' remaining arguments lacked merit. Accordingly, the Court affirmed defendants' convictions. View "Ayers v. Delaware" on Justia Law