223 A.3d 882
Del.2019Background
- Joseph M. Walls was found guilty by a Superior Court jury on November 17, 1987; he was sentenced March 18, 1988, and his direct appeal was resolved with a mandate issued March 1, 1990.
- In November 2018 Walls moved for resentencing under the Truth in Sentencing Act (11 Del. C. § 4216(d)), arguing he could elect TIS sentencing because his conviction became "final" only when the Supreme Court issued its 1990 mandate.
- In March 2019 Walls asked the Superior Court to transfer him to a Veterans Administration hospital for treatment of PTSD and traumatic brain injury arising from military service (citing 16 Del. C. § 5021).
- The Superior Court denied both requests on April 11, 2019; Walls appealed and the State moved to affirm on the ground the appeal was meritless.
- The Delaware Supreme Court affirmed: it held Walls was "convicted" in 1987 when the jury returned the guilty verdict (so § 4216(d) did not apply), § 5021 does not create a mandatory right for DOC inmates to be transferred to VA hospitals, and Walls’s new challenge to judicial appointments was waived for appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to resentencing under the TIS Act (11 Del. C. § 4216(d)) | Walls: his conviction became final only when this Court issued the mandate (Mar. 1, 1990), so he may elect TIS sentencing | State: "convicted" means the jury verdict date (Nov. 17, 1987); TIS election unavailable | Denied — conviction date is the guilty verdict; § 4216(d) does not apply to Walls |
| Meaning of "convicted" / finality for § 4216(d) | Walls: import Rule 61 finality concept to § 4216(d) so conviction is not "final" until appeal mandate | State: statutory definition of "conviction" is a verdict; Rule 61's finality concept does not alter § 4216(d) | Denied — "final" is not in § 4216(d); conviction means verdict under statutory definition |
| Transfer to VA hospital (16 Del. C. § 5021) | Walls: § 5021 entitles him to transfer to a Veterans Administration hospital for treatment of service‑related PTSD/TBI | State: § 5021 incorporates state‑institution mental‑health provisions and is permissive; it does not create a mandatory transfer right for DOC inmates | Denied — statute is permissive ("may"), does not create a mandatory transfer entitlement |
| Constitutional challenge to judges' appointments | Walls: Delaware judges were appointed in violation of the U.S. Constitution and in bad faith; he is entitled to a new hearing | State: issue was not raised below and is not properly before the Court on appeal | Denied as waived — Court will not consider the claim raised first on appeal |
Key Cases Cited
- State v. Barnes, 116 A.3d 883 (Del. 2015) (discussing the purpose and effect of the Truth in Sentencing Act)
- City of Lewes v. Nepa, 212 A.3d 270 (Del. 2019) (interpreting statutory use of "may" as permissive, not mandatory)
- Walls v. State, 560 A.2d 1038 (Del. 1989) (prior appellate history involving Walls)