Dordell v. State

Summary

The Delaware Supreme Court affirmed Freeman Dordell’s convictions for theft and second-degree criminal trespass. The Court held that the trial court did not commit plain error by failing to sua sponte instruct the jury on the statutory affirmative defense of claim of right, which Dordell had not raised or established at trial.

Holdings

1. The trial court did not commit plain error by failing to instruct the jury sua sponte on the statutory claim-of-right affirmative defense when Dordell neither raised the defense nor requested the instruction in the Superior Court.
2. Dordell was not entitled to reversal based on the absence of a claim-of-right instruction because he did not establish the affirmative defense by a preponderance of the evidence and did not preserve the issue for appellate review.

Questions Presented

1. Whether the trial court committed plain error by failing to instruct the jury sua sponte on the statutory affirmative defense of claim of right under 11 Del. C. § 847(a), where the defendant did not raise the defense or request the instruction at trial.
2. Whether the record established the claim-of-right affirmative defense by a preponderance of the evidence such that the defendant was entitled to a jury instruction under 11 Del. C. § 304(b).

Disposition

affirmed