Johnson v. State

Summary

The Delaware Supreme Court reversed Kadaesha R. Johnson’s convictions for second-degree assault and possession of a deadly weapon during commission of a felony and remanded for a new trial. The Court held that the Superior Court’s supplemental jury instruction improperly suggested that inaction could establish accomplice liability absent an asserted legal duty to prevent the offense, thereby undermining the jury’s ability to return a verdict. The Court did not decide whether the failure to give a separate mere-presence instruction constituted plain error.

Holdings

1. The Superior Court's supplemental instruction misstated Delaware accomplice-liability law by informing the jury that Johnson's failure to act could support accomplice liability even though the State did not argue that she had a legal duty to prevent the knife attack. The error undermined the jury's ability to perform its duty and required reversal of Johnson's convictions.
2. The Court did not resolve whether the trial court's failure to instruct that mere presence at the crime scene is insufficient to establish accomplice liability constituted plain error because the independent instructional error already required reversal and a new trial.

Questions Presented

1. Whether the Superior Court committed reversible error by instructing the jury that Johnson's failure to stop the principal could support accomplice liability when the State did not argue that Johnson had a legal duty to prevent the offense.
2. Whether the trial court's failure to instruct the jury that mere presence at the crime scene is insufficient to establish accomplice liability constituted plain error.

Disposition

reversed_and_remanded