ERSKINE v. STATE

No. 416, 2009.

4 A.3d 391 (2010)

Justin P. ERSKINE, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: June 24, 2010.


Attorney(s) appearing for the Case

Nicole M. Walker, Esquire , Office of the Public Defender, Wilmington, Delaware, for Appellant.

Paul R. Wallace, Esquire , Department of Justice, Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.


BERGER, Justice:

In this criminal appeal we address the need for a jury instruction on an accomplice's mental state and culpability for an aggravating factor. It is settled law that a court must give instructions on lesser included offenses only if requested to do so by either party, and only if there is a rational basis in the evidence to acquit the defendant of the charged offense and find the defendant guilty of the lesser one. By statute, an accomplice is criminally...

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