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COOKE v. STATE

Nos. 289 & 324, 2007.

977 A.2d 803 (2009)

James COOKE, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee.

Supreme Court of Delaware.

Decided: July 21, 2009.

Attorney(s) appearing for the Case

Jennifer Kate Aronson, Esquire (argued) and Joseph A. Gabay, Esquire (argued), Wilmington, Delaware, for appellant.

Paul R. Wallace, Esquire (argued), Loren C. Meyers, Esquire, Steven P. Wood, Esquire, Gregory E. Smith, Esquire, Danielle J. Brennan, Esquire of the Department of Justice, Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, and RIDGELY, Justices, constituting the Court en Banc.

RIDGELY, Justice, for the Majority.

In this capital case, we address whether defense counsel may introduce evidence incriminating their client at the guilt/innocence phase and then argue that a competent defendant is "guilty but mentally ill" of the crimes charged when the defendant expressly objects to this strategy, asserts his factual innocence, denies mental illness, and so testifies before the jury. We also address whether...

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