Opinion
No. 10, 2012
09-25-2012
STATE OF DELAWARE, Plaintiff-Appellant, v. JERMAINE WRIGHT, Defendant-Appellee.
Court: Superior Court
of the State of Delaware in
and for New Castle County
ID No. 91004136DI
Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.
ORDER
This 25th day of September 2012, it appears to the Court that:
(1) The State of Delaware appeals the Superior Court's grant of postconviction relief to Defendant Below-Appellee, Jermaine Wright, ("Wright"), from his convictions of Murder in the First Degree and other charges. Among other claims, the State contends that the Superior Court erred in finding a Brady violation and that the Brady violation was not procedurally barred. This Court requested supplemental memos from the parties addressing the following:
(a) Assume Wright's confession is admissible.
(b) Assume, further that the State failed to disclose exculpatory evidence relating to the attempted robbery at Brandywine Village Liquor Store.
(c) Did the State's failure to disclose evidence relating to the attempted robbery at Brandywine Village Liquor Store prejudice the defendant or did that failure merely constitute harmless error?
(2) In supplemental memos filed with this Court, the State has argued that the non-disclosure of the Brandywine Village Liquor Store ("BVLS") attempted robbery was immaterial and Wright suffered no prejudice because his trial counsel had actual knowledge of the BVLS attempted robbery, as evidenced by the trial transcript. Whether or not Wright's trial counsel had actual knowledge at trial of the BVLS attempted robbery is a question of fact. The Superior Court's opinion did not address the actual knowledge of trial counsel of the BVLS attempted robbery.
NOW, THEREFORE, IT IS HEREBY ORDERED that this matter is remanded to the Superior Court for the sole purpose of determining whether the non-disclosure of the BVLS attempted robbery was immaterial because Wright's trial counsel had actual knowledge of the BVLS attempted robbery.
BY THE COURT:
Henry duPont Ridgely
Justice