Read 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.

Appellate Information

• Submitted 02/17/2010
• Decided 02/23/2010
• Published 02/24/2010

Judges

• HOLLAND, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Paul R. Wallace, Esquire (argued) and Susan Dwyer Riley, Esquire, Department of Justice, Wilmington, Delaware, for appellant.


• For Appellees:
  
• Nicole M. Walker, Esquire, Office of the Public Defender, Wilmington, Delaware, for appellee.