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Justia Daily Opinion Summaries

Delaware Supreme Court
January 21, 2021

Table of Contents

Wharton v. Delaware

Constitutional Law, Criminal Law

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Delaware Supreme Court Opinions

Wharton v. Delaware

Docket: 548, 2019

Opinion Date: January 19, 2021

Judge: Karen L. Valihura

Areas of Law: Constitutional Law, Criminal Law

Dai'yann Wharton was found guilty after a bench trial on several charges, led by a count of first-degree murder for the death of Yaseem Powell. Wharton appealed, contending her conviction should have been reversed because the State identified a group of highly incriminating text messages less than two weeks prior to trial, though the messages themselves had been contained in a digital discovery disclosure made by the State to Wharton more than a year earlier. Because of the State’s earlier disclosure, and because the Delaware Supreme Court rejected Wharton’s assertions that the State engaged in any discovery violations or other misconduct, it held the superior court was within its discretion to deny Wharton’s motion to exclude the text messages. Accordingly, Wharton's conviction and judgment of sentence were affirmed.

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