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Baker v. State

Supreme Court of Delaware

July 18, 2019

Joseph BAKER, Jr., Respondent Below, Appellant,
v.
STATE of Delaware, Petitioner Below, Appellee.

         Submitted: May 8, 2019

Page 1188

[Copyrighted Material Omitted]

Page 1189

          Court Below: Family Court of the State of Delaware, I.D. No. 1711009663 (K)

         Upon appeal from the Family Court. REVERSED AND REMANDED

         Nicole M. Walker, Esquire, Assistant Public Defender, Wilmington, Delaware for Appellant, Joseph Baker, Jr.

         John Williams, Esquire, Deputy Attorney General, Dover, Delaware for Appellee, State of Delaware.

         Before VAUGHN, SEITZ, and TRAYNOR, Justices.

          OPINION

         VAUGHN, Justice:

Page 1190

          This is an appeal from an order of the Family Court adjudging the appellant, Joseph Baker, Jr.,[1] a minor child, delinquent for having committed an act of Rape in the Second Degree. Initially, Baker was charged with three counts of Rape in the Second Degree. Count Two was voluntarily dismissed by the State before trial. At trial, the Family Court judge found Baker delinquent on Count One and acquitted him on Count Three. On appeal, Baker argues that the judgment of delinquency for the one count of Rape in the Second Degree should be reversed because of evidentiary errors made by the Family Court judge at trial. We agree that errors were made and reversal is required.

          It is alleged that the two counts of Rape in the Second Degree that went to trial occurred in Kent County. The alleged victim in both counts is Baker’s younger sister, S.B. She was six years of age at the time of the alleged offenses. Baker was thirteen years of age at the time of the alleged offenses. The acts of rape are alleged to have occurred in S.B.’s home when Baker was there for weekend visitations. They are alleged to have occurred in Baker’s bedroom.

          II.

...


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