Justia Criminal Law Opinion Summaries

Defendant-Appellant Tiffany Parker was convicted of second-degree assault. She appealed that conviction, arguing the Superior Court erred in admitting statements posted on her Facebook profile. Defendant urged the Supreme Court to adopt Maryland's approach to admitting this kind of evidence: social media evidence could only be authenticated through the testimony of the creator, documentation of the internet history or hard drive of the purported creator's computer, or information obtained directly from the social networking site. Under this approach, social media evidence is only authenticated and admissible where the proponent can convince the trial judge that the social media post was not falsified or created by another user. The State argued the Delaware Court adopt the Texas approach: the proponent could authenticate social media evidence using any type of evidence so long as he or she could demonstrate to the trial judge that a jury could reasonably find that the proffered evidence was authentic. The Superior Court adopted the Texas approach and found that Defendant's social media post was sufficiently authenticated by circumstantial evidence and by testimony explaining how the post was obtained. On appeal, Defendant contended that social media evidence requires greater scrutiny. The Delaware Supreme Court concluded that the Texas approach better conformed to the requirements of Rule 104 and Rule 901 of the Delaware Rules of Evidence. The Court therefore found no abuse of discretion by the trial court in admitting the social media evidence in accordance with the Delaware Rules of Evidence, and affirmed. View "Parker v. Delaware" on Justia Law

Defendant-appellant Izzy Whitehurst appealed his conviction on First Degree Assault, Robbery in the First Degree, Burglary in the First Degree, Conspiracy in the Second Degree, three counts of Possession of a Firearm During the Commission of a Felony, and three counts of Tampering with a Witness. Defendant argued on appeal: (1) that the trial court erred in denying a motion to suppress his prison telephone calls because the State lacked a legal basis to collect them; and (2) that the admission of those prison telephone calls improperly tainted his trial. Finding no merit to his first contention, the Supreme Court did not address defendant's second contention, and affirmed his conviction. View "Whitehurst v. Delaware" on Justia Law

Defendant-Appellant Parris Hamilton appealed his conviction on two counts of Murder First Degree, two counts of Attempted Murder First Degree, two counts of Kidnapping First Degree, one count of Burglary First Degree, and seven counts of Possession of a Firearm During the Commission of a Felony. On appeal, defendant argued: (1) that the trial court erred when it allowed a nonlegal expert witness to make a misstatement of the law and failed to give a timely and adequate curative instruction; and (2) that the State failed to prove every element of the burglary charge. Finding no merit to Hamilton's claims, the Supreme Court affirmed. View "Hamilton v. Delaware" on Justia Law

Defendant Tyrone Guy appealed the denial of his application for postconviction relief. The issue before the Supreme Court in this case centered on how the procedural bars of Superior Court Criminal Rule 61 applied to his claims, including a claim of ineffective assistance of postconviction counsel. Defendant argued on appeal: (1) that the Superior Court erred during his trial by failing to give the "modified 'Bland'" jury instruction on accomplice testimony mandated by the Supreme Court's 2012 decision in "Brooks v. Delaware"; and (2) that his appointed counsel was ineffective in his first postconviction proceeding for failing to present ten out of eleven claims of ineffective assistance of trial counsel. Upon review, the Court concluded that defendant's claims were untimely and that his first claim was previously adjudicated. Defendant failed to meet the procedural burdens. Accordingly, the Court affirmed the Superior Court's judgment in this case, although it did so on independent and alternative grounds. View "Guy v. Delaware" on Justia Law

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