Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cushner v. State

Supreme Court of Delaware

August 5, 2019

Richard CUSHNER, Defendant Below, Appellant,
v.
STATE of Delaware, Plaintiff Below, Appellee.

         Submitted: June 5, 2019

Page 444

          Court Below: Superior Court of the State of Delaware, ID. No. 1710011753 (N), Upon appeal from the Superior Court. AFFIRMED.

         Nicole M. Walker, Esquire, Assistant Public Defender, Wilmington, Delaware, for Appellant, Richard Cushner.

         Brian L. Arban, Esquire, Deputy Attorney General, Wilmington, Delaware, for Appellee, State of Delaware.

         Before VAUGHN, SEITZ, and TRAYNOR, Justices.

         OPINION

         VAUGHN, Justice:

          I. INTRODUCTION

         A Superior Court jury convicted the appellant, Richard Cushner, of Burglary in the Third Degree and two counts of Criminal Mischief. Cushner contends on appeal that the Superior Court erred in denying his motion for judgment of acquittal because the only evidence connecting him to the crimes was a handprint that was discovered on the outside of a storage trailer he allegedly burglarized. Relying on our case of Monroe v. State ,[1] Cushner contends that the motion should have been granted because the State failed to present sufficient evidence to establish that his handprint was impressed at the time the crimes were committed. For the reasons that follow, we conclude that Monroe is distinguishable and that the evidence in this case is sufficient to sustain Cushner’s conviction.

          II. FACTS AND PROCEDURAL HISTORY

          Thomas Dicesare is the owner of Brandywine Motorwerks in Newark. His business involves rebuilding Porsches into race cars and providing race support to his customers. Some of his customers leave trailers used for storing and transporting their vehicles on Dicesare’s lot. The lot at Brandywine Motorwerks is fenced in, but the gate to the fence is open during regular business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.). During regular business hours, at the time in question, Dicesare was normally at the lot by himself, and anyone who wanted to enter the lot when the business was open could do so.

         When Dicesare opened his lot on Monday morning, September 18, 2017, he discovered that the side door to an auto storage trailer he owned was open. He saw a black, left handprint on the outside of the trailer door.[2] The trailer door was white in color. He also saw that a padlock and latch on the door handle had been cut. Inside the trailer, he found that a duffle bag and a car cover were missing. He also found that the lock on another trailer belonging to a customer had been cut, but nothing had been taken from inside that trailer. Dicesare called the police.

          The police gathered four fingerprints from the handprint on Dicesare’s trailer door but found no other prints anywhere on that trailer or the customer’s trailer. Three of the fingerprints had enough detail to make a comparison, and those prints were identified as belonging to Cushner.

          At trial, Dicesare testified that the last time before Monday, September 18, he saw ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.