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State v. Wilkerson

Superior Court of Delaware
Sep 7, 2021
Def. ID 2006006663 (Del. Super. Ct. Sep. 7, 2021)
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Summary

In Wilkerson, the Court concluded that Priest, rather than Tilden, applied and required the Court to "parse the precise language" of the statute in order to determine if jury lenity applies.

Summary of this case from State v. Santiago
See 2 Summaries

Opinion

Def. ID 2006006663

09-07-2021

STATE OF DELAWARE v. HENRY L. WILKERSON Defendant.

James P. Murray, Esquire, Assistant Public Defender, 14 The Circle, Georgetown, DE 19947, Attorney for Defendant. Kevin A. Gardner, Esquire and Derek Gay, Esquire, Deputy Attorneys General, Department of Justice, 114 East Market Street, Georgetown, DE 19947, Attorneys for the State of Delaware.

Summaries of

State v. Wilkerson

Superior Court of Delaware
Sep 7, 2021
Def. ID 2006006663 (Del. Super. Ct. Sep. 7, 2021)

In Wilkerson, the Court concluded that Priest, rather than Tilden, applied and required the Court to "parse the precise language" of the statute in order to determine if jury lenity applies.

Summary of this case from State v. Santiago

In Wilkerson, the Court first acknowledged that the standard "test employed by Delaware courts in inconsistent verdict cases is the common law Powell-Tilden test of jury lenity coupled with sufficiency of the evidence" but proceeded to conclude, based on the specific statute before it, that the case "falls into the minority, second category of cases, and the Tilden test does not apply.

Summary of this case from State v. Santiago
Case details for

State v. Wilkerson

Case Details

Full title:STATE OF DELAWARE v. HENRY L. WILKERSON Defendant.

Court:Superior Court of Delaware

Date published: Sep 7, 2021

Citations

Def. ID 2006006663 (Del. Super. Ct. Sep. 7, 2021)

Citing Cases

State v. Thompson

. See also State v. Wilkerson, 2021 WL 4075018, at *2-4 (Del. Super. Ct. Sept. 7, 2021).…

State v. Santiago

(internal quotation marks omitted)). Priest, 879 A.2d at 587; see also State v. Wilkerson, 2021 WL 4075018,…

2 Citing Cases