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Keywords

defendanttrialtestimonyprosecutorjury trial
defendantstatutetriallease

Related Cases

Fetters v. State, 436 A.2d 796

Facts

On July 4, 1978, police found the victim, who was also the defendant's father, severely injured in his home. Initially, the victim claimed he had fallen, but later indicated that his son had caused the injuries. The victim died days later, leading to the defendant's arrest. The defendant, a Vietnam veteran with a history of mental illness, admitted to being in a fight with his father and expressed concern that he might have killed him.

On July 4, 1978 police arrived at the home of the victim and father of the defendant to find the victim lying in the living room badly injured. To the officer's inquiry as to the source of the victim's injuries, the victim initially responded that he had fallen down the stairs. Questioned again, the victim stated that it was his son who had injured him. An arrest warrant was issued for the defendant.

Issue

Did the trial court err in failing to instruct the jury on self-defense, denying the request for a non-jury trial, and excluding expert testimony regarding the sodium amytal test?

Defendant's contention that the Trial Court committed reversible error in failing to instruct the jury on the law of self-defense is governed by 11 Del.C. s 303.

Rule

Under 11 Del.C. s 303, a defendant is entitled to a jury instruction on self-defense only if there is credible evidence supporting each element of that defense. Additionally, the trial court has discretion in accepting or denying a defendant's waiver of a jury trial as per Superior Court Criminal Rule 23(a).

Section 303 provides: (a) No defense defined by this Criminal Code or by any other statute may be considered by the jury unless the court is satisfied that some credible evidence supporting the defense has been presented.

Analysis

The court found that the defendant did not provide sufficient evidence to establish the elements of self-defense, as he failed to show that the victim was the initial aggressor or that he believed deadly force was necessary. The trial court's refusal to allow a non-jury trial was upheld, as the state had the right to insist on a jury trial, and there was no evidence of prosecutorial misconduct. Furthermore, the court ruled that the exclusion of the sodium amytal test results was appropriate due to the lack of scientific acceptance of such tests.

However, defendant offered no evidence to show that the victim was the initial aggressor. Defendant also failed to introduce any evidence to establish the quantum of force, if any, used against him by the victim. Defendant presented no evidence on the question of whether he believed that deadly force was necessary to protect himself from the victim.

Conclusion

The Supreme Court affirmed the trial court's decisions, concluding that the defendant's rights were not violated and that the trial court acted within its discretion.

Accordingly, we AFFIRM.

Who won?

The State prevailed in the case, as the court found that the trial court's decisions were justified and did not infringe upon the defendant's rights.

The State admits that it was concerned that defendant probably would have been released from the Delaware State Hospital had the Court sitting alone found him not guilty by reason of insanity.

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