Opinion
No. 43, 2002
Submitted: August 6, 2002
Decided: August 14, 2002
Court Below: Superior Court of the State of Delaware in and for New Castle County Cr. ID. No. 0002017987.
Affirmed.
Unpublished opinion is below.
MICHAEL CHINSKI, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 43, 2002 In the Supreme Court of the State of Delaware. Submitted: August 6, 2002 Decided: August 14, 2002
Before WALSH, HOLLAND, and BERGER, Justices.
JOSEPH T. WALSH, Justice.
ORDER
This 14th day of August 2002, upon consideration of the briefs of the parties it appears as follows:
(1) The appellant, Michael Chinski ("Chinski"), appeals from his conviction in the Superior Court of murder first degree following a bench trial. Chinski relied upon a claim of extreme emotional distress under 11 Del. C. § 641. Extreme emotional distress is an affirmative defense which, if proved by the preponderance of the evidence, has the effect of reducing the offense of murder first degree to manslaughter.
(2) After hearing the evidence, the trial judge concluded that Chinski had not established his claim of extreme emotional distress through credible evidence. The test for review of such a factual determination is whether any rational trier of fact could have found the essential elements to have been proved. We may reverse a trial court's finding of fact only if "clearly erroneous and justice requires." Marine v. State, 624 A.2d 1181, 1183 (Del. 1993).
(3) Upon a full review of the record, we conclude that the trial judge's rejection of the claim of extreme emotional distress was not clearly erroneous given the trial court's unique perspective. Accordingly, the judgment of the Superior Court must be affirmed.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is,
AFFIRMED.