Justin P. Erskine, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The Supreme Court of Delaware affirmed Erskine's convictions, holding that an accomplice-liability level-of-liability instruction is required only when the evidence provides a rational basis for assigning the defendant a lesser culpable mental state. Because Erskine's conduct in directing the fatal stabbing was exclusively intentional, the trial court did not err by omitting the instruction. The court also held that the prosecutor's improper characterization of the defense expert's opinion as "bought and paid for" was harmless beyond a reasonable doubt because the case was not close, a curative instruction was given, and the comment was not part of a persistent pattern of misconduct.