05/11/90 Edward L. Skinner V. State Delaware

This is a consolidated appeal from criminal convictions in the Superior Court. A jury found the codefendants, Edward L. Skinner, Alan T. Brooks, and Edward E. Sanders guilty of robbery in the first degree, kidnapping in the second degree, and conspiracy in the second degree in connection with the robbery of Jose Grinage. They were found guilty  of attempted robbery in the first degree, conspiracy in the second degree, possession of a deadly weapon during the commission of a felony, and murder in the first degree (felony/murder) in connection with the attempted robbery and murder of Ronald Irons. *fn1 Additionally, the jury found Sanders and Skinner guilty of robbery in the first degree, kidnapping in the second degree, and conspiracy in the second degree in connection with the robbery of James Yates. The jury acquitted Brooks on all charges connected with the Yates robbery. The jury also acquitted all three defendants of the charge of intentional murder of Irons. Sanders and Skinner were each sentenced to life imprisonment without parole plus 69 years, while Brooks was sentenced to life imprisonment without parole plus 52 years. On appeal, defendant Brooks advances seven claims of error, six of which Sanders also advances, and two of which Skinner also advances. Brooks and Sanders contend that their convictions should be overturned because the trial court erred by (1) violating their constitutional right to a speedy trial; (2) denying a defense motion to sever the murder charges from the separate robbery charges; (3) denying  a defense motion to sever defendant Skinner from the charges relating to the Grinage robbery because of a statement he made concerning the incident; and (4) permitting the jury foreman to remain on the jury panel after he disclosed that he was a social acquaintance of the State's chief investigating officer. Brooks also contends that the trial court erred by (5) denying his motion for judgment of acquittal on the charges stemming from the Grinage robbery. Finally, all three defendants contend that the trial court erred by (6) denying a defense motion for judgment of acquittal on the charges stemming from the charge of attempted robbery of Ronald Irons, and (7) denying a defense motion for mistrial after the State questioned a witness concerning a statement not provided to the defense in violation of Superior Court Criminal Rule 16.