Risper v. Delaware
Annotate this CaseMcArthur Risper was convicted by jury of first-degree murder, first degree conspiracy, and possession of a firearm during the commission of a felony for his role in the May 2018 shooting death of Corey Bailey. The superior court sentenced Risper to life plus 30 years in prison. The theory of the prosecution was that Risper intentionally killed Bailey as revenge for Bailey’s theft of drugs and a firearm belonging to Risper. Risper claimed that the evidence of Bailey’s theft and Risper’s subsequent efforts to recover the stolen drugs and firearm was prior-misconduct evidence, and therefore inadmissible under Delaware rules of evidence. Furthermore, Risper claimed he did not receive a fair trial because the State did not disclose in a timely manner evidence that was favorable to the defense as required under Brady v. Maryland and its progeny. According to Risper, the State’s belated disclosures (one on the day before trial was to begin and the other on the fourth day of trial) fundamentally undermined the fairness of his trial. The Delaware Supreme Court agreed with Risper as to his second contention, concluding that the State’s failure to produce, until the afternoon before Risper’s trial was to begin, a recorded interview of an individual who told the chief investigating officer that another person had confessed to her that he had killed Bailey and showed her the gun used in the shooting was a violation of the State’s obligations under Brady. "And because that violation undermines our confidence in the outcome of Risper’s trial, we reverse and remand to the Superior Court for a new trial."
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