Dashawn Ayers, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee; Michael E. Demby…

Summary

The court held that wiretap recordings of conversations made in furtherance of a conspiracy were nontestimonial and did not violate either the federal or Delaware Confrontation Clause, even though police witnesses interpreted coded language. The trial court also properly admitted the recordings under the co-conspirator hearsay exception, and it did not abuse its discretion by denying severance. Although the separate drug-dealing and aggravated-possession convictions did not violate double jeopardy, the offenses merged for sentencing, requiring a limited remand.