Palmer v. State

Summary

The Delaware Supreme Court affirmed Isaiah Palmer’s convictions for aggravated possession, possession of a firearm during the commission of a felony, possession of a firearm by a person prohibited, and possession of ammunition by a person prohibited. The Court held that the search warrant was supported by probable cause under the totality of the circumstances and that the jury instruction on joint possession was supported by the trial evidence.

Holdings

1. The affidavit established probable cause under the totality of the circumstances because it contained consistent information from two confidential informants, corroborating police surveillance, confirmation of Palmer's identity and status, and officers' knowledge of his weapons-related criminal history.
2. The trial court properly instructed the jury on joint possession because the evidence showed that persons other than Palmer had access to the residence and the instruction did not relieve the State of its burden to prove beyond a reasonable doubt that Palmer possessed the drugs.
3. The claim was waived because Palmer neither requested a curative instruction at trial nor raised the argument in his opening brief.

Questions Presented

1. Whether the search warrant affidavit established probable cause to search Palmer's residence.
2. Whether the trial court properly instructed the jury on joint possession for the aggravated-possession charge.
3. Whether the trial court's response to a jury question required a curative instruction, an argument the Supreme Court held was waived.

Disposition

affirmed