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Starling v. State8/16/2005
Submitted: May 24, 2005
Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc.
Upon appeal from the Superior Court. VACATED and REMANDED in part, AFFIRMED in part.
In October 2003, a Superior Court jury convicted Chauncey S. Starling of first-degree murder and other offenses. The same jury, after a post-trial penalty hearing, recommended that Starling be executed. The trial judge agreed and imposed a death sentence. Starling now appeals, alleging eight procedural and constitutional defects in the voir dire, trial, and penalty phases of the proceedings. For the reasons discussed below, we find that the trial judge acted within his discretion, and did not otherwise err, during jury selection, during the guilt phase, or while instructing the jury at the penalty phase. We therefore affirm those aspects of Starling's trial. But because the trial judge recited in his sentencing opinion that he was "directed" to give "great weight" to the jury's recommendation in his sentencing decision, contrary to the strictures of Delaware's death-penalty statute, we vacate Starling's sentence and remand for reconsideration under the appropriate standard as outlined in this Opinion.
I. BACKGROUND
In March 2001, a gunman shot and killed Darnell Evans and five-year-old Damon Gist Jr. on West Fourth Street in Wilmington. After arriving at the scene, Wilmington police interviewed witnesses to the shooting. Although the witnesses provided a physical description of the shooter, none could identify him by name. Several weeks later, a newly discovered witness, Alfred Gaines, indicated to police that he observed the shootings. Gaines identified Starling as the gunman who shot Evans and Gist.
Acting on this information, Wilmington police interviewed Starling's brother, Michael. In an April 2001 recorded statement, Michael claimed that Starling admitted that he "messed up" and was "sorry about the kid." Police also interviewed Starling's girlfriend, Vickie Miller, who denied that Starling admitted anything to her or that she saw Starling on the night of the shootings. Shortly thereafter, Wilmington police arrested Starling.
Trial proceedings began in Superior Court in October 2003. During jury selection, the trial judge asked prospective jurors whether they were predisposed to a particular sentence -- either life imprisonment or death -- without regard for any aggravating or mitigating factors that may exist. The trial judge excused some members of the venire who stated they would automatically recommend a life sentence. The State, through several peremptory challenges, also sought to exclude three female venire members. Starling objected to these challenges, claiming they were motivated by gender discrimination. Citing the State's gender-neutral explanations, the trial judge overruled Starling's objections.
At trial, Gaines recounted the incidents surrounding the shooting and identified Starling as the shooter. Gaines also testified that, on the night of the shooting, Starling admitted to Michael, Miller, and Gaines that he shot a child.
Although Michael's recorded statement corroborated Gaines's testimony, Michael later denied that Starling made any admissions.
To lay a foundation for admitting Michael's recorded statement, the State called Wilmington Police Detective Patrick Conner. In response to questioning about whether he was present during Michael's statement, Detective Conner revealed that he had interviewed Starling. Starling objected, claiming that Conner's testimony compromised Starling's Fifth Amendment right to silence because it created a nega
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