Jack Foster Outten v. State Delaware

VEASEY, Chief Justice: In this appeal, we consider the sentences of death imposed on April 30, 1993, by the Superior Court on defendants below-appellants
Jack Outten ("Outten") and Steven Shelton ("Steven") 1 for the first degree felony murder of Wilson Mannon ("Mannon").
Steven's principal grounds for overturning his sentence are as follow: (a) the State negligently failed to secure and preserve
a washing machine top allegedly used in the murder; (b) the Superior Court erred by not finding Christina Gibbons ("Gibbons")
to be an incompetent witness; (c) the Superior Court erred by failing to instruct the jury regarding the burden of proof for
non-statutory aggravating circumstances; (d) the Superior Court erred by excluding the testimony of Anthony Borsello ("Borsello");
(e) the Superior Court erred by failing to sever the trials; and (f) the State's peremptory challenge of a certain venire
member violated Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712 (1976). Outten joined in Steven's last two
contentions and also maintained that the Superior Court erred by not permitting Outten to introduce extrinsic evidence in
support of the credibility of one of his witnesses. Further, 11 Del.C. § 4209(g) requires this Court to review both
death sentences to ensure the sentences were proportional to sentences received in similar crimes under that section. After
reviewing the record and the applicable authorities, we find that the Superior Court committed no error. Accordingly, we
AFFIRM the sentences imposed by the Superior Court.