Justia Criminal Law Opinion Summaries

A probation officer seized two guns—one a loaded 9mm Ruger, the other a .40 caliber Smith & Wesson—from a backpack recently carried by defendant Devin Coleman, a convicted felon and a person prohibited from possessing a firearm. The officer also seized two .40 caliber magazines—one from within the Smith & Wesson, the other loose in the backpack. It was later determined that one of the magazines bore the defendant’s fingerprint but no one knew whether the incriminating prints were on the magazine that was in the Smith & Wesson firearm or on the loose magazine. The defendant asked the trial court to instruct the jury that the officer’s failure to note, at the time of the seizure, which of the two magazines was in the weapon constitutes “missing evidence.” The trial court would not give the requested instruction and this refusal, defendant argued, constituted a due process violation warranting the reversal of his conviction for possession of a firearm by a person prohibited. The Delaware Supreme Court rejected defendant's argument, finding the evidence he claimed was "missing" at his trial was of dubious exculpatory value. "And to the extent it had any such value, Coleman has not explained how that would have been apparent to the probation officer upon his seizure of Coleman’s backpack and his discovery of the weapons and magazines in it." View "Coleman v. Delaware" on Justia Law

In 2021, appellant Javon Pollard was convicted of numerous drug-related charges. Pollard appealed, arguing that the Superior Court committed plain error by not sua sponte suppressing evidence obtained during an allegedly illegal search of his vehicle in violation of his constitutional rights under the Fourth Amendment of the United States Constitution and Article I, Section 6 of the Delaware Constitution. To the Delaware Supreme Court, the State urged the Supreme Court not to consider Pollard’s appeal because he failed to properly raise this argument below. The State further argued that Pollard’s challenges also failed because there was sufficient probable cause to justify the search. The Supreme Court agreed Pollard did not fairly raise the argument below. Regardless, Pollard also lost on the merits because the search did not violate either the United States or Delaware Constitutions. View "Pollard v. Delaware" on Justia Law

Appellant DeJoynay Ferguson pled guilty to one count of Murder by Abuse or Neglect in the First Degree, six counts of Child Abuse in the First Degree, and two counts of Child Abuse in the Second Degree. The plea was made pursuant to a plea agreement under which the State entered a nolle prosequi as to other remaining charges. The sentencing judge imposed a sentence of life in prison. He also sentenced her to ten years at Level V on each of the Child Abuse in the First Degree charges, suspended after two years on each. He sentenced her to probation on the two counts of Child Abuse in the Second Degree. Ferguson appealed her sentences, contending the sentencing judge sentenced her for the sole purpose of retribution; that he sentenced her with a closed mind; that he was unwilling to consider the mitigation evidence and arguments she presented; and that her sentence violated her right to due process. Finding no reversible error, the Delaware Supreme Court affirmed the Superior Court. View "Ferguson v. Delaware" on Justia Law

Appellant Wilbur Medley, appealed a superior court's denial of his motion for sentence modification. Medley was convicted after pleading guilty to second degree burglary pursuant to an agreement. In challenging his sentence, Medley argued: (1) the superior court improperly delegated its sentencing authority because DOC staff and court administrative staff amended his original sentence order to strip him of 563 days of credit time; and (2) the sentencing judge denied his right to be present with counsel for sentencing when the judge, sua sponte and without a hearing, issued the amended sentence. After review, the Delaware Supreme Court rejected Medley’s contentions and affirmed the denial of sentence modification. View "Medley v. Delaware" on Justia Law

In 2012, Craig Melancon was shot three times: once from a .22 caliber firearm, and twice from what appeared to be a .38 revolver. A friend, Anthony Coursey, and another bystander, Marla Johnson, saw two hooded individuals running from the scene. Coursey later identified one of the fleeing men as Reuel Ray. Ray was charged with, and ultimately convicted of, felony murder, attempted robbery, and related crimes, for which he received a life sentence plus 20 years. He appealed those convictions to the Delaware Supreme Court, claiming that the trial court erred by: (1) not granting a mistrial after a juror expressed concerns for her safety; and (2) not providing the jury with certain cautionary instructions, neither of which Ray requested, following the denial of Ray’s mistrial request. In 2017, the Supreme Court affirmed Ray’s convictions. Soon after that, Ray moved for postconviction relief claiming: (1) the State’s failure to disclose that, approximately one month before Ray’s trial, it had dismissed a criminal charge then pending against a key prosecution witness violated his due process rights under Brady v. Maryland; (2) his trial counsel’s inadequate pretrial investigation, which failed to uncover the witness’s pending charge and its eventual dismissal, constituted ineffective assistance of counsel in violation of Ray’s right to counsel and due process; and (3) his counsel failed to provide effective representation at trial and on appeal by allowing an obviously flawed jury instruction on the elements of felony murder to guide the jury’s deliberations. The Superior Court rejected each of Ray’s arguments. The Supreme Court determined that the Superior Court’s erroneous felony-murder instruction and Ray’s counsel’s failure to object or to raise the error on direct appeal warranted a new trial on the felony-murder charge and the related firearm charge. The Supreme Court rejected, however, Ray’s contention that the State’s Brady violation justified relief as to all his convictions. Because those convictions were not influenced by the flawed felony-murder instruction and were supported by abundant evidence independent of the putatively biased witness’s testimony, the Court expressed confidence in them. View "Ray v. Delaware" on Justia Law

After a hearing, a superior court held James Plaches in violation of the terms of his probation after he admitted to police contact. The court sentenced Plaches to seven years of unsuspended prison time, followed by community supervision with conditions. On appeal, Plaches argued he could not have violated his probation by complying with a condition of his probation, namely, reporting police contact. Plaches argued the court specifically found one fact, police contact, and based on that finding, the Superior Court erroneously held that “‘obviously’ the [c]ourt must find that [Plaches] violated the terms and conditions of his probation.” The Delaware Supreme Court was unable to determine on this record what evidence the Superior Court relied on when it found Plaches in violation of his probation. Therefore, it reversed the Superior Court's judgment and remanded for additional findings. View "Plaches v. Delaware" on Justia Law

In a bench trial, a Delaware superior court found Appellant Tajiir Patterson guilty of invasion of privacy for filming a sexual encounter with D.L. and distributing the video over social media without her consent. The court sentenced Patterson to two years at Level V incarceration, suspended for twelve months at Level III probation. As part of the investigation, the Police extracted data, including over 9,000 photos, from D.L.’s cell phone. Patterson’s counsel was permitted to inspect these photos. The encounter occurred in late 2017, and nearly three years passed between the time of the recording and the trial. Because D.L.’s appearance had changed significantly during that time, the State sought to introduce “Photo 1” into evidence to show her appearance at the time of the recording. Patterson’s counsel objected because Photo 1 was not disclosed in discovery. The trial judge sustained the objection, ruling that photos not disclosed in discovery would be inadmissible, but photos contained within the cell phone extraction would be admissible. The State then sought to introduce “Photo 2” into evidence, which was of D.L. from 2017 and was included in the cell phone extraction. Patterson’s counsel objected. Photo 2 was admitted into evidence. Patterson seeks reversal of his conviction, contending that the State violated its discovery obligations by not flagging the importance of the 2017 photos of D.L. and by not providing a copy of all the photos in D.L.’s phone. Patterson argued the trial court abused its discretion by allowing Photo 2 into the record given the State’s alleged discovery violation. Finding the State did not violate its discovery obligation, the Delaware Supreme Court concluded the trial court did not abuse its discretion in admitting Photo 2 into evidence. View "Patterson v. Delaware" on Justia Law

This case arose from the murder of Jamier Vann-Robinson at an after-prom house party in Dover, Delaware on May 12, 2018. On May 14, 2018, Appellant Ahmir Bailey and codefendant Eugene Riley were arrested in connection with the crime. Bailey was indicted on 16 offenses, including Murder in the First Degree and Attempted Murder in the First Degree. The charges against defendants were severed so that each could be tried separately. Bailey appealed his convictions of Murder in the First Degree and related offenses, claiming only that the Superior Court erred by refusing to admit into evidence a witness’s juvenile adjudication of delinquency for Carrying a Concealed Deadly Weapon (“CCDW”), and the witness’s probationary status resulting therefrom. This error, he claimed, violated his constitutional right to confront the witness. The Delaware Supreme Court rejected Bailey’s claim and affirmed the Superior Court. View "Bailey v. Delaware" on Justia Law

Defendant Brian Wilson was convicted by jury of first-degree murder for hiring someone to kill Allen Cannon. On appeal, Wilson argued: (1) the trial court abused its discretion when it refused to allow testimony about a witness’s reputation as a snitch introduced to counter the witness’s incriminatory statement about Wilson and the murder; (2) the court erred when it overruled a hearsay objection and admitted text messages that infer Wilson was the person responsible for Cannon’s murder; and (3) the State committed a Brady violation when it failed to disclose a witness’s agreement with federal prosecutors to testify in Wilson’s trial in exchange for a possible lighter sentence. Finding no reversible error, the Delaware Supreme Court affirmed Wilson’s convictions. View "Wilson v. Delaware" on Justia Law

In 2019, defendant Kevin Miller was convicted of first-degree murder for killing Jeremiah McDonald. Miller appealed, arguing that the State committed prosecutorial misconduct by: (1) misrepresenting to the jury that Miller asserted at least two separate alibis for McDonald’s murder; and (2) interfering with his constitutional right to testify. He also claimed the Superior Court abused its discretion by admitting a witness’s out-of-court statements on the grounds of forfeiture by wrongdoing. After review, the Delaware Supreme Court affirmed the Superior Court’s judgment. The Supreme Court concluded it could not conclude that the State knew that the two alibis referred to two separate murders. Furthermore, the State’s actions regarding Miller’s constitutional right to testify had the effect of reinforcing his right, not interfering with it. Finally, any error by the Superior Court was harmless. View "Miller v. Delaware" on Justia Law