BROOKS v. STATE

Nos. 415, 2008, 596, 2010.

40 A.3d 346 (2012)

Ronald BROOKS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. Rashan Owens, Defendant Below, Appellant, v. State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 23, 2012.


Attorney(s) appearing for the Case

Patrick J. Collins , Aaronson & Collins, LLC, Wilmington, Delaware for appellant Brooks.

Jennifer-Kate Aaronson , Aaronson, Collins & Jennings, LLC, Wilmington, Delaware for appellant Owens.

Timothy J. Donovan, Jr. , Department of Justice, Wilmington, Delaware for appellee.

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


STEELE, Chief Justice:

This Court consolidated two appeals concerning accomplice testimony to determine whether a trial judge must give a cautionary instruction on testimony offered by a witness who claims to have been the defendant's accomplice, even if the defense does not request it, and to determine the appropriate content of an accomplice instruction. We hold that a trial judge who fails to give an instruction about accomplice testimony commits plain error. We...

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