Supreme Court of Delaware
Otis Phillips, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee
January 17, 20172017 Del. LEXIS 24
Summary
The court affirmed Otis Phillips's convictions, rejecting his challenges to joinder, hearsay and confrontation evidence, a witness's reference to his ability to testify, a jury instruction, and the claimed speedy-trial violation. It held that the trial court acted within its discretion in denying severance, admitting the challenged statements, admitting the unavailable witness's identification under forfeiture by wrongdoing, denying a mistrial, and responding to the jury note. The court nevertheless vacated the death sentence because the governing capital-sentencing procedure was unconstitutional and remanded for resentencing to natural life without probation or parole.