In re State, 597 A.2d 1 (Del. 1991)

Cases | In re State, 597 A.2d 1 (Del. 1991) | 2018

The State requested the supreme court issue a writ of mandamus to the superior court to consider the merits of admitting victim impact evidence during the penalty phase of a first-degree murder trial. The supreme court concluded that the superior court’s decision to not consider the merits of admitting the victim impact evidence was clearly erroneous. Prior court decisions reflected a literal interpretation of the broad language in the Delaware death penalty statute permitting presentation of evidence as to any matter the court deems
relevant and admissible to the penalty to be imposed. Under the Delaware death penalty statute, there was no reason to treat victim impact evidence differently than other relevant evidence. Further, the U.S. Supreme Court removed the bar to such evidence. In the absence of a federal constitutional bar, the capital punishment statute required the superior court to consider the merits of admitting victim impact evidence when the sentence is imposed.