Submitted: February 11, 2015
Court Below: Superior Court of the State of Delaware, in and for New Castle County Cr. I.D. No. 0601021343A
Before STRINE Chief Justice, HOLLAND, and VALIHURA, Justices.
Karen L. Valihura Justice
This 25th day of March 2015, upon consideration of the parties' briefs and the record below, it appears to the Court that:
(1) Defendant-below, Jamaien Monroe ("Monroe"), raises three claims on appeal. He argues that the Superior Court erred when it held that his trial counsel was not ineffective for: (1) failing to renew the motion to exclude testimony, sever charges, and exclude evidence concerning an uncharged robbery; (2) failing to request a mistrial when a key State's witness ceased testifying and asserted his Fifth Amendment right against self-incrimination; and (3) failing to request a mistrial when the jury found newly discovered evidence that was not admitted at trial. We disagree and for the reasons stated herein, AFFIRM.
(2) The facts underlying the issues on appeal concern an uncharged attempted robbery of Andre Ferrell ("Ferrell") allegedly by Monroe, followed by Monroe's alleged attempted murder of Ferrell the next day, and then Ferrell's murder by Monroe fifteen months later.
(3) Ferrell, Ronald Wright ("Ronald"), Jonathan Wisher ("Jonathan") and Sal (last name unknown), went to the G&P Deli near 28th and Market Streets in Wilmington. As Ferrell and Ronald walked towards the deli, they passed Monroe, Kason Wright ("Kason") and an unknown individual. Ferrell allegedly got into a struggle with Monroe and Ronald during an attempt to steal Ferrell's necklace. No criminal charges were filed concerning this incident.
(4) The following day, around 12:30 p.m., Ferrell, Ronald, Tony Wisher ("Tony"), and Sal were driving in Wilmington. After dropping off Tony and picking up his brother Aaron Mummert ("Mummert"), Ferrell drove to the area of 23rd and Carter Streets. A green Suburban SUV was parked on the left sidewalk of the street. Some of the occupants in Ferrell's car saw Monroe in the backseat of the Suburban holding a .38 caliber revolver. At this time, an individual named "Brownie" came out into the street. Ferrell stopped to speak with Brownie. While Ferrell and Brownie were talking, Monroe allegedly fired five or six shots towards Ferrell's vehicle. Ferrell was shot in the back. Ferrell drove to his grandmother's house, and from there, he was taken to the hospital. Warrants were issued for Monroe's arrest for attempted murder, but efforts to apprehend him were unsuccessful.
(5) Fifteen months later, on the evening of April 2, 2007, Ferrell, his girlfriend, Shameka Brown ("Brown"), and his son went to the Village of Crofton in Newark, Delaware, to pick up their daughter. While driving, Brown noticed her co-worker, Ronise Saunders ("Saunders"), driving a later-model, boxed-shaped, white car. After acknowledging each other, Saunders drove towards the Lexington Green Apartments where she lived, and Ferrell continued on towards the Village of Crofton.
(6) After picking up their daughter, Ferrell and Brown went to Derrs' Market, located in the Taylor Towne Shopping Center in Newark, Delaware.Driving into the parking lot of the shopping center, Ferrell and Brown saw Saunders' car, being driven by Monroe, backing out of a parking space. Ferrell parked his car and went into Derrs while Brown stayed in the car with the children. Ferrell exited Derrs after about five minutes and returned to the car, standing outside of the driver's side with the door open, talking to Brown. At this time, Brown saw a black male wearing a white t-shirt, blue jeans, and a partially red-colored baseball hat, holding a gun, approach Ferrell from behind. That man shot Ferrell four or five times. After the shooting, the man ran towards the Lexington Green Apartments.
(7) Officer Jane Paolo ("Officer Paolo") was the first police officer to arrive on the scene. She attempted CPR on Ferrell but confirmed that he had no pulse. Officer Paolo took Brown and the children to her patrol vehicle. Brown told the officer that the shooter looked like Monroe.
(8) A witness, Katharine Meier ("Meier"), was exiting her car at the time of the shooting. She told police that she heard five loud bangs from the area in front of Derrs. She saw a man backing away, and then walking quickly through the parking lot. Meier described the man as black, medium-tall, husky, with a pudgy face, wearing a white t-shirt, blue jeans, and a red and white baseball hat. Two other witnesses, Kim Klosowski ("Klosowski") and Diamonyell Bateman ("Bateman") were sitting outside of the Lexington Green Apartment complex at the time of the homicide. Klosowski told police she saw a black man, wearing a white t-shirt, blue jeans and a red baseball hat, running through the apartment complex into the parking lot of Derrs. Approximately thirty seconds later, Klosowski saw that same person running back through the apartment complex. Bateman also told police that she heard gunshots and saw a black man wearing a white t-shirt and red baseball hat run from Derrs.
(9) Officer Paolo transported Brown to the police station and left her with Detective Smith. Officer Paolo told the detective about Brown's statement that the shooter looked like Monroe. Brown selected Monroe as the shooter out of a photographic lineup. Two days later, Meier also identified Monroe out of a lineup as most likely being the man she saw in the parking lot outside of Derrs and running towards the Lexington Green Apartments. Videotape from Derrs' Market showed a man who looked like Monroe in the store before Ferrell arrived. During a search of Saunders' apartment, the police found a jacket fitting the description of the one seen in the videotape. Saunders owned a ...