Cushner v. DelawareAnnotate this Case
Richard Cushner was convicted by jury of third-degree burglary and two counts of criminal mischief. Cushner contended on appeal that the trial 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 Monroe v. Delaware, 652 A.2d 560 (1995), Cushner contended 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. After review, the Delaware Supreme Court concluded “Monroe” was distinguishable and that the evidence in this case was sufficient to sustain Cushner’s conviction.