Supreme Court of Delaware

Conviction and death sentence for first-degree murder and rape is affirmed over claims that: 1) the trial judge infringed his Fifth Amendment right to remain silent when he erroneously instructed the jury during the guilt phase that allocution would follow closing arguments; 2) the State improperly used its peremptory challenges based on race and thereby denied his right to an impartial jury; 3) the trial judged erred by denying his motion for a change of venue; 4) trial judge erred when he failed to order a new trial after a witness improperly contacted two members of the jury after the guilt phase and before the penalty phase of his trial.; and 5) trial judge erred in imposing a death penalty that was disproportionate to the penalty imposed in other cases arising under the Delaware death penalty statute.

Appellate Information

• Decided 01/24/2008
• Published 01/24/2008

Judges

• STEELE, Chief Justice:, Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Christopher D. Tease, Wilmington, DE and Thomas D. Donovan, Dover, DE, for appellant.


• For Appellees:
  
• John Williams, Department of Justice, Dover, DE, for appellee.