Reginald N. Sanders v. State Delaware

In this appeal, the Court confronts an important question of first impression: May a defendant who is found to be "guilty
but mentally ill" under 11 Del.C. § 401(b) be sentenced to death? The appellant, Reginald N. Sanders ("Sanders"),
was convicted of Murder in the First Degree, Robbery in the First Degree, and Possession of a Deadly Weapon During the Commission
of a Felony. Because the jury found that Sanders suffered from a psychiatric disorder but was not insane at the time of the
offenses, it rendered verdicts of "guilty but mentally ill" on all three charges. The same jury then recommended that Sanders
be sentenced to death. On appeal, Sanders and the American Civil Liberties Union (the "ACLU"), which served as amicus curiae
on his behalf, urge several grounds for the reversal of his conviction and his sentence. We find no merit in the challenges
raised by Sanders to his conviction. We conclude, however, that, on the uncontroverted evidence in this case, the jury's verdict
of "guilty but mentally ill" established a mitigating factor as a matter of law and the failure of the trial court to instruct
the jury to that effect was plain error. Accordingly, we affirm Sanders' conviction but vacate his sentence, remanding the
case for a new penalty hearing. I