Justia Criminal Law Opinion Summaries

Defendant Derrick Powell appealed his death sentence directly to the Supreme Court. Defendant was convicted for the murder of Georgetown Police Officer Chad Spicer. On appeal, Defendant argued that there were legal flaws in the police investigation of the homicide and in the jury trial that fatally tainted his conviction, and that his death sentence was both unconstitutional and disproportionate to sentences handed down in similar cases. Upon review, the Supreme Court concluded Defendant's claims lacked merit and affirmed his sentence.

Defendant Kevin Dickens made a direct appeal to the Supreme Court following his conviction of two counts of assault in a detention facility and acquittal of one count of assault in a detention facility. Upon motion by the State, the Superior Court declared Defendant to be a habitual offender and sentenced him to a total period of sixteen years at Level V incarceration to be followed by a sex month term of probation. Defendant raised nine issues on appeal; upon review of each, the Supreme Court found error in the superior court's calculation of Defendant's sentence. The Court affirmed the superior court in all other respects, and remanded the case for resentencing.

Defendant-Appellant, Darren Arnold appealed a Family Court judgment that denied his petition for expungement of his entire juvenile record. Defendant's petition followed a gubernatorial pardon of his adult conviction for Misdemeanor Terroristic Threatening. Defendant contended that the Family Court erred as a matter of law by failing to give effect to title 10, section 1013 of the Delaware Code, which provides for automatic expungement of an individual's juvenile record after that individual receives a gubernatorial pardon. Upon review, the Supreme Court concluded Defendant's statutory argument was correct, and that the Family Court's order must be reversed.

In this appeal the issue before the Supreme Court concerned whether the affidavit filed in support of a search warrant supported a magistrate's finding of probable cause. The affidavit described a confidential source as "past proven and reliable" without explaining the basis for that statement. In addition, the affidavit described the activities of a "drug detection K-9," but it did not state that the dog was trained and certified. Notwithstanding these omissions, the totality of the circumstances supported the magistrate's decision authorizing the search warrant. Accordingly, the Supreme Court affirmed.

Defendant-Appellant Maurice Williams appealed his Superior Court conviction and sentence for Violation of Probation. Defendant contended on appeal that the Superior Court abused its discretion when it found him in Violation of Probation following his escape from Level IV custody, because he would not have been in custody but for an illegal sentence. Upon review, the Supreme Court found no merit to Defendant's appeal and affirmed his conviction and sentence.

This case centered on whether a Justice of the Peace properly granted a search warrant based on the information in the affidavit of probable cause placed before her. "When reviewing a motion to suppress the evidence police discovered while executing a search warrant, Superior Court judges should give substantial deference to the magistrate's finding on the existence of probable cause. Resolution of this case require[d] elaboration about the meaning of 'substantial deference.' Upon review, the Supreme Court held that "substantial deference" means that if some facts in the affidavit of probable cause support the inference that evidence of criminal activity exists in a particular place, the Superior Court judge should affirm the issuance of a search warrant. Consequently, the Court reversed the Superior Court's judgment granting the motion to suppress, and remanded the case for further proceedings.

Pro se prisoner Defendant-Appellant Damar Smith appealed his conviction and sentence for Rape in the Third Degree, Unlawful Imprisonment in the Second Degree, and Possession of a Deadly Weapon by a Person Prohibited. His notice of appeal was received by the Supreme Court on February 28, 2012, one day after the thirty-day deadline to appeal from his January 27, 2012 sentence. The Court directed Defendant to show cause as to why his appeal should not have been dismissed under Rule 29(b). The Court then directed the State to file a supplemental memorandum addressing whether the Court should re-examine its holding in "Carr v. Delaware" and adopt the Federal "mailbox rule" set forth in "Houston v. Lack." The State took the position that the Court should again decline to adopt the federal prison mailbox rule. Amicus curiae argued that the Court should adopt the rule, in light of changed prison mail procedures and for the policy reasons set forth in "Houston" and subsequent cases. Last year, in "Hickman v. Delaware," the Delaware Supreme Court considered the same issue and declined to adopt the federal prison mailbox rule; it reached the same conclusion in this case. Accordingly, the Court dismissed Defendant's appeal as untimely.

Three officers completed a traffic stop, making "ancillary, permissible inquiries." A probation officer continued to question one of the car's passengers, a probationer, even though the officer testified he had no reasonable suspicion of criminal activity. Officers testified that the car was leaving a "drug area." And drugs were found in the car following the stop. The passenger-probationer was on probation for drug charges. He was ultimately arrested following that stop, and he challenged his arrest on the grounds that officers lacked probable cause to make the arrest. Upon review, the Supreme Court reversed: "[a]n officer who pulls a car over for speeding does not thereby gain free rein to ask as many questions, for as long a time, as he might wish. Further investigation requires further justification. . . . [the Defendant's] continued detention constituted an impermissible seizure, and the questioning itself violated even the limited rights possessed by a probationer."

Defendant Bruce Rowan appealed his conviction on 56 counts of breach of condition of release. Defendant was convicted of continuous sexual abuse of a child, and five counts of fourth degree rape, but he did not challenge those convictions. With respect to the breach of condition convictions, Defendant argued that the Superior Court erred in: 1) denying his motion to dismiss; 2) admitting into evidence tape recordings of his telephone calls from prison to the victim; and 3) admitting into evidence certain bond paperwork from the Justice of the Peace Court. Upon review of the trial court record, the Supreme Court found find no merit to these arguments, and affirmed Defendant's convictions.

Appellant was carrying a concealed knife in his home when he was arrested. At issue was whether a person could be convicted of carrying a concealed weapon in his home. Under the Delaware Constitution, Delaware citizens have a constitutional right to keep and bear arms for the defense of themselves, their families, and their homes. Appellant claimed that when the police asked about his knife, he told them it was hidden in his pants. If a jury were to accept appellant's version of the events surrounding his arrest, he would not be subject to prosecution for carrying a concealed deadly weapon. Because the jury was not properly instructed, the court remanded for a new trial on that charge alone.