Supreme Court of Delaware

Mark T. Harris, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee — Ridgely, J., Concurring

April 6, 20102010 Del. LEXIS 152

Summary

Justice Ridgely concurred in the reversal of Harris’s tampering conviction but would have resolved the case solely on the ground that the State failed to prove the destruction theory charged in the indictment. He disagreed with the majority’s broader conclusion that the tampering statute applies only to completed possessory offenses, reasoning that the statute’s text reaches attempts to suppress contraband as physical evidence. He also agreed that admitting the LIDAR measurement was not an abuse of discretion and that the evidence supported Harris’s drug-possession conviction.