Supreme Court of Delaware

Ernest David Outlaw, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

October 11, 19741974 Del. LEXIS 310

Summary

The court affirmed the defendant’s rape and robbery convictions. It held that voluntariness of a confession need only be established by a preponderance of the evidence and that any error in admitting the videotaped deposition was harmless beyond a reasonable doubt because the testimony was cumulative and caused no prejudice.

Holding

  • Burden of proving confession voluntariness. A preponderance of the evidence is sufficient to establish that a confession was given voluntarily for purposes of admitting it into evidence; proof beyond a reasonable doubt is not required.
  • Admission of videotaped deposition. Even assuming that admitting the videotaped deposition was erroneous, the error was harmless beyond a reasonable doubt because the challenged testimony was limited, cumulative of testimony from another physician, and did not prejudice the defendant.

Cited authorities

  • Rule 15(a)

Cited by