Griffin v. State
47 A.3d 487
Del.2012Background
- Griffin was in his home using a knife to open boxes; he was carrying a concealed knife without a license.
- Police confronted Griffin at the top of the basement stairs after responding to a domestic dispute call.
- Griffin told police the knife was either in his pant leg or in the basement; there was conflicting testimony about whether a pat-down occurred.
- Griffin was charged with CCDW, resisting arrest, second degree assault, and criminal mischief; one count of mischief was nolled.
- The Delaware CCDW statute criminalizes carrying a concealed deadly weapon without a license; constitutionally protected rights may limit its application.
- The trial court did not instruct the jury on whether Griffin had an opportunity to disclose the weapon and whether disclosure was truthful, affecting CCDW liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CCDW is unconstitutional as applied | Griffin asserts constitutionally protected home-right limits CCDW liability. | State asserts public safety interest justifies the statute despite home possession. | Yes; CCDW as applied violates the Delaware Constitution. |
| Proper jury instruction on disclosure opportunity | Jury could rely on Griffin’s disclosure under police questioning to avoid CCDW conviction. | Jury should determine if disclosure was truthful and timely; if not, CCDW may apply. | Remanded for new trial to resolve whether Griffin had the opportunity to disclose and whether he did so truthfully. |
Key Cases Cited
- State v. Hamdan, 665 N.W.2d 798 (Wis. 2003) (three-part Hamdan test for constitutionality of CCDW as applied)
- State v. Stevens, 113 Or.App. 429, 833 P.2d 318 (Or. 1992) (cited as comparative authority on concealed weapon rights)