Justia Delaware Supreme Court Opinion Summaries

Defendant-appellant Kalvin Peterson a Superior Court judgment convicting him of one count of Possession of a Firearm by a Person Prohibited. Peterson's claim of error was that collateral estoppel and double jeopardy barred his conviction: that the bench trial conviction was precluded because at a concurrent trial, a jury acquitted him of both Possession of a Firearm During the Commission of a Felony, and the underlying felony of Assault in the First Degree. Upon review, the Supreme Court concluded that Peterson's arguments were without merit. View "Peterson v. Delaware" on Justia Law

Defendant-appellant Ronald Jones appealed his bench trial conviction on one count of Failing to Reregister as a Sex Offender. Jones raised one claim on appeal: that the evidence failed to show beyond a reasonable doubt that Jones had knowingly or recklessly failed to re-register as a homeless sex offender. Finding Jones' argument without merit, the Supreme Court affirmed his conviction. View "Jones v. Delaware" on Justia Law

Defendant Michael Neal appealed the denial of his motion for post-conviction relief. The issue before the Supreme Court in this matter was whether defendant received ineffective assistance of both trial and appellate counsel. Defendant was arrested after a series of robberies on New Year’s Eve 2008. Defendant argued that his trial and appellate counsel were ineffective for failing to request at trial, and for failing to argue on direct appeal: (1) the inclusion of a "Bland" instruction in connection with certain accomplice testimony; and (2) the admission of certain out-of-court statements under Delaware Rule of Evidence 804(b)(3). Ultimately, the Supreme Court held that the defendant's trial and appellate counsel were not ineffective in their representation. View "Neal v. Delaware" on Justia Law

A Superior Court jury found Defendant–Appellant Davear Whittle guilty of Murder in the Second Degree, Possession of a Firearm During the Commission of a Felony, Reckless Endangering in the First Degree, and Possession of a Firearm by a Person Prohibited. On appeal, he challenged his convictions, contending the prosecutor improperly vouched for the credibility of three witnesses in his closing argument, by stating that they were "right" or "correct" at least 20 times. Upon review, the Supreme Court concluded that the prosecutor's amounted to improper vouching and constituted plain error. Therefore, the Court reversed the Superior Court and remanded the case for a new trial. View "Whittle v. Delaware" on Justia Law

At issue in this case (among other things) was the constitutionality of the state's gang participation statute (11 Del. C. 616). Appellants argued the statute was unconstitutionally vague because it did not define the term "actively participates." Furthermore, they argued the statute was overbroad because it impinged on the right of free association. The Supreme Court held both arguments lacked merit. "A person of ordinary intelligence can understand what it means to actively participate in a criminal street gang's criminal conduct, and there is no constitutional right to assemble for the purpose of committing a crime." View "Taylor v. Delaware" on Justia Law

Robert Burns was convicted by a jury on several counts of varying degrees of sexual assault against children. The Supreme court previously affirmed Burns' conviction on direct appeal. Burns sought post-conviction relief, arguing that he received inadequate assistance of counsel in violation of his Sixth Amendment rights when trial counsel: did not affirmatively recommend Burns take an plea deal; elicited testimony from an adverse witness that could have implied Burns invoked his Fifth Amendment right to silence; waived certain foundational requirements to out-of-court statements; permitted a characterization of the complaining witnesses as "victims;" and failed to object to the State's summation. Burns claimed that the cumulative effect of his defense counsel's actions therefore resulted in an unfair trial. The Superior Court denied Burns' motion for post-conviction relief. Finding no abuse of discretion, the Supreme Court affirmed. View "Burns v. Delaware" on Justia Law

In a direct appeal, defendant raised one claim of error. In defendant's view, although he was charged with and convicted of felony Promoting Prison Contraband, the record reflected there was a rational basis for the jury to find him guilty of the lesser-included offense of misdemeanor Promoting Prison Contraband. Defendant argued the trial judge's failure to give that lesser-included instruction was reversible error. Upon review, the Supreme Court concluded that defendant's argument was meritless. View "Mays v. Delaware" on Justia Law

The Supreme Court previously rejected defendant Gary Ploof's claims arising from his trial's guilt phase, but remanded the penalty phase claims for the post-conviction judge to reweigh aggravating circumstances against the mitigating circumstances established at trial and in the post-conviction proceedings. Defendant contended his attorneys were ineffective because they failed to uncover evidence that the defendant's father sexually abused foster children staying with defendant's family and also physically abused defendant himself. Upon careful review, the Supreme Court held that defendant's attorneys should have investigated certain "red flags" indicating that defendant's childhood home was not as benign as initially portrayed. However, the Court concluded that the attorneys' failures did not prejudice defendant. Therefore, the Court affirmed the trial judge's denial of defendant's post-conviction relief petition. View "Ploof v. Delaware" on Justia Law

A Superior Court jury convicted the defendant in this case of Failing to Stop at the Command of a Police Officer, Reckless Driving, and several other offenses. At issue in this appeal was the State's obligation to produce relevant material in response to a defendant's discovery appeal. The State failed to produce a recording of the officers' communications with the dispatcher in response to the defendant's discovery request. The recording contained evidence that the officers’ siren had not been activated, contrary to the officers’ testimony. Upon review, the Supreme Court concluded that the dispatch recording fell within the scope of the defendant’s discovery request and Superior Court Criminal Rule 16, and that failure to produce this evidence prejudiced the defendant because the siren’s was material to the State’s case and impeached the credibility of its key witnesses. Accordingly, we the Court reversed the Superior Court's judgment and remanded for a new trial. View "Valentin v. Delaware" on Justia Law

On August 26, 1992, Jermaine Wright was convicted of first degree murder and other crimes arising from a 1991 robbery at the Hi-Way Inn bar and liquor store. Following a penalty hearing, Wright was sentenced to death. The issue on appeal before the Supreme Court in this case was whether Wright's murder conviction should have been overturned. The trial court granted Wright's fourth motion for postconviction relief, finding that his confession should have been excluded from evidence, and that the State improperly withheld evidence of a similar crime that the police determined he did not commit. The trial court then granted bail. Upon review, the Supreme Court held that the trial court erred in reviewing the admissibility of the confession sua sponte, and in concluding that there was a so-called Brady violation. The trial court also erred in deciding that Wright could be granted bail. Therefore the trial court's judgment was reversed and the matter remanded for further proceedings. View "Delaware v. Wright" on Justia Law