Holland v. DelawareAnnotate this Case
This appeal addressed the legal issues raised by the second of two criminal trials over a single incident where defendant Djavon Holland allegedly burst into an apartment, brandished a gun, and demanded money. A brawl unfolded in which Holland and the apartment‘s occupants were all injured. Holland was indicted before the first trial for two counts of Assault First Degree along with twelve other related charges. After trial, Holland was acquitted on both of the Assault First Degree counts, but the jury was unable to reach a conclusion on the other charges. The various issues in this appeal stemmed from the State‘s decision to reindict Holland. The second indictment included both the charges on which the first jury hung, and, for the first time, three counts of Attempted Robbery First Degree. After the second trial, the jury convicted Holland of two of the three counts of Attempted Robbery and the majority of the other charges from the second indictment. On appeal, Holland made a series of arguments challenging the new charges in the second indictment, and attacking the second trial as a whole on Sixth Amendment grounds. After review, the Delaware Supreme Court reversed Holland‘s convictions for Attempted Robbery and Home Invasion and the associated counts of Possession of a Firearm During the Commission of a Felony because the State failed to overcome the presumption of vindictive prosecution. But, because the Court found that his waiver of his right to counsel was knowing, intelligent, and voluntary, and reject his other claims, Holland‘s convictions for Assault Second Degree, the related count of Possession of a Firearm During the Commission of a Felony, and Criminal Mischief stand.