Supreme Court of Delaware
Demby v. State
September 29, 2016
Summary
The Court affirmed the denial of Demby's motion for a new trial based on evidence of alleged misconduct at the Office of the Chief Medical Examiner in an unrelated prosecution. It held that the evidence would not probably have changed Demby's trial result because his conviction rested on wiretap and surveillance evidence, not physical drug evidence or OCME testimony. The Court also held that Brady was not the proper framework because the evidence did not exist when Demby was tried, and that the claim would fail in any event for lack of materiality.