Justia Constitutional Law Opinion Summaries

The Superior Court in this personal injury action sua sponte excluded a medical expert witness' testimony that it was possible plaintiff's permanent injury might have improved depending on the results of further recommended testing. The jury awarded plaintiff $292,330; defendant moved for a new trial. The court granted defendant's motion. In the second trial, the jury heard the expert's testimony and returned a lesser, $7,500 verdict. Plaintiff appealed the trial court's grant of a new trial. Upon review, the Supreme Court concluded that the trial judge initially made the right decision to exclude the expert; it was an abuse of discretion to order a new trial. Accordingly, the Supreme Court vacated the judgment granting a new trial and all attendant rulings, and remanded the case to reinstate the original jury verdict. View "O'Riley v. Rogers" on Justia Law

Plaintiff-Appellant Heather Turner appealed a superior court judgment that ruled in favor of Defendants-Appellees Michael Conway, M.D., Eric Kalish, M.D. and their practice, Delaware Surgical Group. Plaintiff sued defendants over what was initially an appendectomy, but ended with a "mass" on her liver from "something that had spilled out from prior surgeries" performed by the two doctor defendants. Plaintiff argued that the trial court abused its discretion in improperly admitting defendants' expert evidence . Upon review, the Supreme Court agreed and remanded the case for a new trial. View "Turner v. Delaware Surgical Group, P.A., et al." on Justia Law

A group of Dewey Beach property owners appealed the dismissal of their lawsuit against the Town. They sued to challenge the town's authority to enter into what they characterized as a "private zoning arrangement" to violate certain longstanding zoning requirements. The Court of Chancery dismissed the complaint finding it was not filed within 60 days of the notice given following approval of the developer's record plan. Finding that the Court of Chancery lacked jurisdiction, the Supreme Court affirmed. View "Murray v. Town of Dewey Beach" on Justia Law

Before the Supreme Court, a matter of first impression: "does Delaware recognize cross-jurisdictional tolling?" Plaintiff Jose Blanco was allegedly exposed to a toxic pesticide manufactured by Defendant Dow Chemical Corporation in 1979-1980. In 1993, he entered a class action lawsuit against Defendant in Texas. The case stalled in procedure, with class certification being ultimately denied. Defendants moved to dismiss, citing the run of the two-year statute of limitations. Plaintiff contended on appeal that the putative Texas action tolled the statute of limitations. The Delaware superior court concluded that Delaware recognized the doctrine of cross-jurisdictional class action tolling. Defendants filed for an interlocutory appeal with the Delaware Supreme Court. The Supreme Court held that until class action certification is denied, individual claims are tolled under Delaware law. Accordingly the Court answered the question in the affirmative, and remanded the case for further proceedings. View "The Dow Chemical Corp. v. Blanco" on Justia Law

The issue on appeal before the Supreme Court in this case was the denial of a postconviction relief motion. Specifically, the issue was whether defense counsel were ineffective during a defendant's first-degree murder trial. Upon review, the Court held that the attorneys' alleged failure to consult with a forensic pathologist or toxicologist, to present more evidence regarding the victim's dominant hand, to investigate ballistics issues, appeal certain issues, and to object to the dismissal of jurors who indicated that they could not impose the death penalty did not prejudice the defendant during his trial's guilt phase. During the penalty phase, however, the postconviction hearing judge failed to reweigh the aggravating evidence against the total mix of mitigating evidence in determining whether the attorneys' failure to present additional evidence during the penalty phase prejudiced the defendant. Accordingly, the Court affirmed in part, and remanded in part so that the postconviction judge could supplement his opinion for further review. View "Ploof v. Delaware" on Justia Law

On August 26, 1992, Jermaine Wright was convicted of first degree murder and other crimes arising from a 1991 robbery at the Hi-Way Inn bar and liquor store. Following a penalty hearing, Wright was sentenced to death. The issue on appeal before the Supreme Court in this case was whether Wright's murder conviction should have been overturned. The trial court granted Wright's fourth motion for postconviction relief, finding that his confession should have been excluded from evidence, and that the State improperly withheld evidence of a similar crime that the police determined he did not commit. The trial court then granted bail. Upon review, the Supreme Court held that the trial court erred in reviewing the admissibility of the confession sua sponte, and in concluding that there was a so-called Brady violation. The trial court also erred in deciding that Wright could be granted bail. Therefore the trial court's judgment was reversed and the matter remanded for further proceedings. View "Delaware v. Wright" on Justia Law

Defendant-appellant Jason Gallaway appealed his conviction for Murder by Abuse or Neglect in the First Degree, in connection to the death of his daughter. Defendant raised one claim of error in this direct appeal: the Superior Court abused its discretion by permitting the State to admit into evidence a YouTube video of Defendant performing a prank as part of a radio contest, several months after his daughter’s death. Upon review, the Supreme Court concluded that the YouTube video was properly admitted as rebuttal evidence. View "Gallaway v. Delaware" on Justia Law

Defendant Omari Clark was convicted for manslaughter. The issue before the Supreme Court was whether a trial judge improperly commented on the evidence when he instructed the jury and whether a defendant was entitled to a justification jury instruction for a crime that requires a reckless mental state. Upon review, the Court reaffirmed that jury instructions must be construed as a whole to determine whether a trial judge commented on the evidence and conclude that the trial judge's statements were proper. Furthermore, the Court held that 11 Del. C. sec. 470(a) does not bar a justification instruction for crimes requiring a reckless mental state and that judges should give a justification instruction, where appropriate, for those charges. Therefore the Court reversed the Superior Court's judgment and remanded the case for a new trial. View "Clark v. Delaware" on Justia Law

Defendant-appellant Steven Schwan directly appealed his conviction to the Supreme Court after a jury convicted him of two counts of Unlawful Sexual Contact in the Second Degree, and a bench trial resulted in an additional conviction for Unlawful Sexual Conduct by a Sex Offender Against a Child. Defendant argued that the trial judge committed reversible error by not excluding, for cause, a juror who was acquainted with a prosecutor, although that same prosecutor was not involved in Defendant's case. Upon review, the Supreme Court concluded that the trial judge erred by failing to exclude the juror, in the absence of a determination that the juror could render a fair and impartial verdict. The Court reversed and remanded the case for a new trial. View "Schwan v. Delaware" on Justia Law

Defendant Raymond Blake was tried before a jury for Trafficking in Cocaine, Possession with Intent to Deliver ("PWID") Cocaine, PWID Heroin, and Maintaining a Vehicle for Keeping Controlled Substances. The jury found Defendant guilty of the lesser-included offenses of Possession of Cocaine and Possession of Heroin, not guilty of Maintaining a Vehicle, and could not agree unanimously on the trafficking charge. Prosecutors sought and obtained another indictment of Defendant, charging him with Trafficking in Cocaine and Trafficking in Heroin, based upon his possession of the same contraband he was convicted of possessing in the first trial. Defendant's motion to dismiss was denied and at the second trial he was convicted as charged. Defendant appealed, claiming the protection against Double Jeopardy under the Fifth Amendment of the United States Constitution barred the State from trying him on trafficking in a controlled substance charges when he had already been convicted of the lesser included offense of Possession based on the same conduct. Upon review, the Supreme Court agreed and accordingly reversed and remanded the case with instruction to vacate Defendant's trafficking convictions. View "Blake v. Delaware" on Justia Law