Lewis v. State, 144 A.3d 1109

This is a Delaware Supreme Court en Banc review of whether a grand jury indictment for § 1448(e)(2) was proper after the statute was repealed.
Kahlil Lewis was initially indicted in June 2013 for multiple offenses related to a 2013 shooting; a December 2013 information added § 1448(e)(2).
A December 23, 2013 re-indictment repeated original charges and added the § 1448(e)(2) charge.
The General Assembly inadvertently repealed § 1448(e)(2) on July 18, 2013; it was re-enacted on January 30, 2014.
Trial occurred in January 2014; the State pursued the § 1448(e)(2) charge and other charges were nolle pros’d.
Lewis challenged the indictment timing and raised various evidentiary, jury instruction, and sentencing claims; the Superior Court rejected his arguments and Lewis was convicted on § 1448(e)(2).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the saving statute permits charging a repealed-crime.	Lewis: saving statute not applicable since repeal occurred before re-indictment.	Lewis: prosecution under repealed § 1448(e)(2) cannot be sustained.	Statute allows sustaining pre-repeal conduct under saving statute.
Whether the pre-trial timing of re-indictment caused plain error prejudice.	Lewis suffered prejudice from late addition of § 1448(e)(2).	No plain error; continuance not sought; re-indictment proper.	No plain error; re-indictment proper.
Whether admission of prior felony conviction evidence was improper.	Lewis contends improper cross-exam and references in instructions/arguments.	Prior conviction properly impeaches credibility and is an element supportable reference.	References proper; no plain error.
Whether a self-defense instruction was required for the § 1448(e)(2) charge.	Lewis sought a self-defense instruction as to the charged conduct.	No self-defense instruction warranted given the facts and elements.	No self-defense instruction required.
Whether the sentencing reflected a closed mind or bias.	Lewis claims bias and failure to consider mitigating factors.	Discretionary weighing of aggravating vs. mitigating factors supported.	No abuse of discretion; sentence affirmed.

Small v. State, 51 A.3d 452 (Del. 2012) (plain error standard and saving statute references)
Cruz v. State, 990 A.2d 409 (Del. 2010) (bias/closed mind standard; sentencing review)
Robinson v. State, 80 A.3d 961 (Del. 2013) (impeachment of credibility by prior felonies)
Dorsey v. United States, 132 S. Ct. 2321 (2012) (savings statute; liability incurred under repealed statute)
Higdon, 638 F.3d 233 (3d Cir. 2011) (self-defense and elements guidance in firearms cases)