Opinion
Case No. 1508006714
03-16-2016
STATE OF DELAWARE, v. MARQUESE L. GIVENS Defendant
cc: Michael Degli Obizzi, Esq., Deputy Attorney General Francis E. Farren, Esquire
ORDER
In considering defendant's Motion for Judgment of Acquittal and the State's Response, the defendant's Motion is DENIED.
Defendant stipulated he was a person prohibited and the jury could reasonably conclude that he possessed or controlled a deadly weapon. Defendant's statements to the police officers as well as his girlfriend's statements provide more than sufficient evidence to satisfy the elements of the crimes charged.
Defendant also claims prosecutorial misconduct in that the prosecutor failed to inform the jury as to the element of "intention." The Court read each and every element of the crimes charged to the jury prior to counsel giving their closing arguments. The jury also had copies of the instruction during their deliberations. The Court states the law applicable to the case not the attorneys. There was no manipulation of the jury. In fact, on Page 13 of the transcript of closing arguments the prosecutor indicates for constructive possession, the defendant had to have the power and intention at a given time to exercise control over the firearm. Defendant's claim that at no time did the prosecutor mention the word "intention" is incorrect and also there was no objection at trial, so the argument is waived.
IT IS SO ORDERED.
/s/Calvin L . Scott
The Honorable Calvin L. Scott Dated: March 16, 2016
Original: Prothonotary
cc: Michael Degli Obizzi, Esq., Deputy Attorney General
Francis E. Farren, Esquire