Dennis v. State
2012 Del. LEXIS 202
| Del. | 2012Background
- On December 6, 2010, Cassandra Butler’s car was taken from in front of her Wilmington home after she briefly walked inside.
- Butler described the perpetrator as a heavyset Black male with a long beard wearing a green Army jacket.
- A Wilmington police officer stopped a driver two hours later matching that description; the driver was Dennis and he was arrested.
- Dennis was charged with Carjacking in the Second Degree after the arrest.
- At trial, the court gave a jury instruction listing elements including taking possession without permission, with the state seeking language of immediate presence; defense requested coercion/duress language, which the court rejected.
- Dennis was convicted by the jury and appealed alleging the statute requires coercion or duress],
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether coercion or duress is a required element of Carjacking in the Second Degree | State argues the statute allows conviction without coercion/duress if taken with or without immediate presence | Dennis contends coercion or duress is a required element | No; statute unambiguous, coercion/duress not required |
Key Cases Cited
- Corbitt v. Tatagari, 804 A.2d 1057 (Del.2002) (statutory interpretation method guidance)
- Taylor v. Diamond State Port Corp., 14 A.3d 536 (Del.2011) (statutory interpretation standards; de novo review)
- Coastal Barge Corp. v. Coastal Zone Indus. Control Bd., 492 A.2d 1242 (Del.1985) (textual plain meaning governs when unambiguous)
- LeVan v. Independence Mall, Inc., 940 A.2d 929 (Del.2007) (ambiguity assessment; absurd results not required where language clear)
- Banther v. State, 884 A.2d 487 (Del.2005) (disjunctive elements; interpretive guidance on or/and)
- Reddy v. PMA Ins. Co., 20 A.3d 1281 (Del.2011) (contextual considerations for statutory interpretation)
- Price v. Maryland, 681 A.2d 1206 (Md.App.1996) (comparative reasoning on presence of victim in crimes)