Morton v. State

Summary

The Supreme Court of Delaware affirmed Morton’s conviction for second-degree conspiracy despite his acquittals on the underlying firearm offenses. Because Morton failed to challenge the sufficiency of the evidence below, the Court applied plain-error review and held that a co-conspirator’s commission of the overt act satisfied the conspiracy statute. The Court distinguished prior decisions because Morton’s indictment alleged that the co-conspirators performed the overt act.