Moore v. State ( 2022 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
KAREN M. MOORE, §
§
Defendant Below, § No. 73, 2022
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 20060112508 (K)
§
Appellee. §
§
Submitted: September 30, 2022
Decided: October 11, 2022
Before SEITZ, Chief Justice; VALIHURA and VAUGHN, Justices.
ORDER
Upon consideration of the opening brief, the motion to remand, and the
response, it appears to the Court that:
(1) The appellant, Karen M. Moore, filed this appeal from her October
2021 convictions for aggravated menacing. The convictions arose from a verbal
confrontation between Moore and her neighbors. In her opening brief, Moore argues
that the Superior Court erred by: (i) declining to give the jury instruction she
requested under 11 Del. C. § 466 for the defense of justification; and (ii) permitting
the State to introduce evidence that a firearm Moore surrendered to the authorities
was loaded.
(2) Instead of filing an answering brief, the State filed a motion to remand.
The State laudably concedes that under the facts of this case the Superior Court erred
in declining Moore’s request for a jury instruction under Section 466. The State asks
that Moore’s October 2021 convictions for aggravated menacing be vacated and this
matter remanded to the Superior Court for a new trial. Moore does not oppose the
motion.
(3) The Court agrees that the proper course of action is to vacate Moore’s
October 2021 convictions for aggravated menacing and to remand this matter to the
Superior Court for a new trial.
NOW, THEREFORE, IT IS ORDERED that Moore’s October 2021
convictions for aggravated menacing are VACATED. This matter is REMANDED
to the Superior Court for a new trial. Jurisdiction is not retained.
BY THE COURT:
/s/ Karen L. Valihura
Justice
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