Cornette v. State

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
JOSEPH H. CORNETTE, )
)
Appellant-Petitioner, )
v. ) CA No. 23X-00807
)
STATE OF DELAWARE, )
)
Respondent. )
)
Date Submitted: April 8, 2024
Date Decided: June 11, 2024
ORDER
Upon consideration of Defendant Joseph Cornette’s (“Cornette”) Appeal from
the Commissioner’s Order Denying Expungement (“Appeal”) 1 the State’s
Response,2 statutory and decisional law, and the record in this case, IT APPEARS
THAT:
(1) On May 8, 1994, Cornette pled guilty to charges of Assault Second
Degree and Driving Under the Influence (“DUI”), stemming from a drunk driving
accident.3 After maintaining a clean record for thirty years, Cornette applied for a
pardon on his Assault Second Degree conviction.4 The Board of Pardons held a
1
Appeal from Comm’r’s Order Den. Expungement.
2
State’s Resp. to Appeal from Comm’r’s Order Den. Expungement.
3
Appeal from Comm’r’s Order Den. Expungement at 2.
4
Id. at 3.
hearing on June 23, 2022.5 On December 8, 2022, the Governor issued Cornette a
full and unconditional pardon for Cornette’s Assault Second Degree conviction.6
(2) On May 21, 2023, Cornette filed an expungement petition for his
Assault Second Degree conviction pursuant to 11 Del. C. § 4375. The State did not
oppose the Motion.7 The case was then submitted to the Commissioner who denied
the expungement in her November 27, 2023 Order. 8 On December 21, 2023,
Cornette appealed the Commissioner’s denial, and the State submitted a response
that it remained unopposed on January 26, 2024.9 The Court held a hearing on the
expungement petition on April 8, 2024 where the State reiterated its position that it
was unopposed to the expungement.10
(3) Under 11 Del. C. § 4375, “a person who was convicted of a crime . . .
who is thereafter unconditionally pardoned by the Governor may request a
discretionary expungement . . . .” 11 Discretionary expungement is available by
petition to the Superior Court when:
(i) a person was convicted of one or more eligible
misdemeanors relating to the same case, at least 3 years
have passed, and “the person has no prior or subsequent
5
Id.
6
Id.
7
Id. In its response, the State did not raise 11 Del. C. § 4375, nor did it discuss the statute in the
subsequent hearing held on April 8, 2024.
8
Id.
9
Id., State’s Resp. to Appeal from Comm’r’s Order Den. Expungement.
10
March 21, 2024 Letter to Counsel Regarding Oral Arg. on Appeal from the Comm’r’s Order
Den. Expungement.
11
11 Del. C. § 4375(a).
convictions;” (ii) seven years have passed since
conviction of certain misdemeanors, and “the person has
no prior or subsequent convictions;” or (iii) at least seven
years have passed since the date of conviction of specified
felonies and the person “has no prior or subsequent
convictions.”12
If a Superior Court Commissioner denies discretionary expungement, the petitioner
may file objections to the decision to be reviewed by a judge.13
(4) Pursuant to 11 Del. C. § 4372, in order for the Court to grant
expungement the entire case must be eligible for expungement.14 This means that
all charges within one case must be expungable. 15 The Court will not split
convictions and expunge a conviction in one case where the other charges within the
same case are not expungable.
(5) Under 11 Del. C. § 4372(f)(2), Title 21 driving convictions including
DUIs are ineligible for expungement.16
(6) Cornette pled guilty to Assault Second Degree and a DUI in the same
case.17 While an Assault Second Degree conviction is eligible for expungement,
Cornette’s DUI is ineligible. Because both Cornette’s Assault Second Degree and
DUI arise out of the same case, the Court cannot split cases to expunge only a portion
12
Osgood v. State, 310 A.3d 415, 419 (Del. 2023).
13
11 Del. C. § 4374(g)
14
11 Del. C. § 4372.
15
Id.
16
11 Del. C. § 4372(f)(2).
17
Appeal from Comm’r’s Order Den. Expungement at 2.
of Cornette’s case. Therefore, the Commissioner’s Order Denying Expungement is
AFFIRMED on this ground.
NOW, THEREFORE, IT IS HEREBY ORDERED that Joseph Cornette’s
Appeal from the Commissioner’s Order Denying Expungement is DENIED.
IT IS SO ORDERED.
/s/ Jan R. Jurden
Jan R. Jurden, President Judge
cc: Original to Prothonotary
Abolore J. Oshodi, Esq., DAG
John P. Deckers, Esq., Attorney for Appellant Joseph Cornette