Jeffrey Phillips, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The Supreme Court of Delaware affirmed Jeffrey Phillips's convictions and life sentence, rejecting challenges to the denial of a mistrial, protective discovery orders, joinder of defendants and offenses, the sufficiency of the gang-participation evidence, and the jury instructions. The court held that any prejudice from a witness's unsolicited reference to witness protection was adequately mitigated, that the protective orders still allowed timely access to discovery, and that the evidence supported the convictions. It also held that the incorrect use of an intentional-mens rea instruction for gang participation was harmless because it required proof of a higher mental state. STRINE, Chief Justice, concurring, agreed that the mistrial ruling should be affirmed but would rely solely on the overwhelming evidence and the lack of closeness in the case.