State v. Clayton, 519, 2009
In response to a certified question of law from the superior court, the Delaware Supreme Court answered as follows: The phrase "intended to guide the destiny of the gun" is not a required element of the constructive possession jury instruction when a defendant is charged with Possession of a Firearm by a Person Prohibited. That phrase is properly regarded as one way to explain how the State can establish the defendant's intention, at a given time, to exercise dominion and control over a deadly weapon.
- Submitted 02/17/2010
- Decided 02/23/2010
- Published 02/24/2010
HOLLAND, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.
Supreme Court of Delaware
Paul R. Wallace, Esquire (argued) and Susan Dwyer Riley, Esquire, Department of Justice, Wilmington, Delaware, for appellant.
Nicole M. Walker, Esquire, Office of the Public Defender, Wilmington, Delaware, for appellee.