Supreme Court of Delaware

Javon J. Lemons, Defendant-Below v. State of Delaware, Plaintiff-Below

November 17, 20112011 Del. LEXIS 614

Summary

The Supreme Court of Delaware affirmed Lemons's conspiracy conviction, holding that the evidence was legally sufficient for a rational jury to find an agreement to kill Anderson. Although the evidence was circumstantial and the jury acquitted Lemons of murder and firearm possession, the testimony supported inferences that Lemons encouraged Branch's retaliation, knew Branch possessed a gun, and joined him in pursuing Anderson. The court held that the coordinated conduct and manner of the killing permitted the jury to infer an agreement to commit intentional homicide.