Philhower v. State
283, 2016
| Del. | Oct 28, 2016Background
- Harold Philhower was convicted after a four-day trial of third-degree rape (lesser included of second-degree rape) and three counts of dealing in child pornography; acquitted of four other charges.
- At trial the State played a redacted recorded statement in which Philhower admitted receiving nude photos from the then-13-year-old victim and confessed to one incident of oral sex; Philhower testified and denied the allegations.
- The victim testified she sent three nude photographs at Philhower’s request, that he acknowledged viewing them, and described an incident in which he pulled down her pants and performed oral sex on her.
- Philhower appealed, arguing the State failed to establish the corpus delicti independent of his recorded confession and asserting the victim’s testimony was coerced.
- The Superior Court sentenced Philhower to 100 years at Level V suspended after eight years, followed by three years’ probation; the Supreme Court reviewed counsel’s Rule 26(c) brief and the State’s motion to affirm.
Issues
| Issue | Philhower's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the State proved corpus delicti independent of appellant’s confession | The convictions rest solely on his taped confession; no independent evidence proves a crime occurred and the victim’s testimony was coerced | The victim’s independent identification/testimony established the corpus delicti and proved each element; credibility is for the jury | Victim’s testimony provided independent proof of the corpus delicti; conviction stands |
| Whether the alleged coercion of the victim undermines admissibility | Victim’s testimony was coerced and thus unreliable as independent proof | Alleged coercion challenges credibility, not admissibility; Philhower failed to raise coercion below | Coercion claim unpreserved; credibility is for the jury; no merit |
Key Cases Cited
- Penson v. Ohio, 488 U.S. 75 (1988) (establishes counsel-withdrawal/appeal-review standards)
- McCoy v. Court of Appeals of Wisconsin, 486 U.S. 429 (1988) (counsel’s duties in appellate representation)
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel seeking to withdraw when no meritorious issues)
- Jenkins v. State, 401 A.2d 83 (Del. 1979) (defining corpus delicti rule)
- Taylor v. State, 76 A.3d 791 (Del. 2013) (credibility challenges affect weight, not admissibility)
- McCoy v. State, 112 A.3d 239 (Del. 2014) (jury as sole judge of witness credibility)