Mayer v. State, 320 A.2d 713 (Del. 1974). · Go Syfert
Mayer v. State, 320 A.2d 713 (Del. 1974). Cases Citing This Book View Copy Cite
33 citation events (24 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Rodgers (delsuperct, 2025-07-10)
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976 2001 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
cited Cited as authority (rule) State v. Rodgers
Del. Super. Ct. · 2025 · confidence medium
R. 8(a). 2 Weist v. State, 542 A.2d 1193, 1195 (Del. 1988) (quoting Mayer v. State, 320 A.2d 713, 717 (1974) ). 3 Super Ct. Crim.
discussed Cited as authority (rule) State v. Rollins
Del. Super. Ct. · 2021 · confidence medium
R. 8(a) (permitting the joining of offenses when “connected together or constituting parts of a common scheme or plan.”). 23 See Ashley v. State, 85 A.3d 81, 85 (Del. 2014) (citing Mayer v. State, 320 A.2d 713, 717 (Del. 1974). 9
discussed Cited as authority (rule) State v. Rodriguez
Del. Super. Ct. · 2021 · confidence medium
IS Mayer v. State, 320 A.2d 713, 717 (Del. 1974). 16 Monroe v. State, 28 A.3d 418, 426 (Del. 2011) (citing to Wiest v. State, 542 A.3d 1193 , 1195 (Del. 1988)). 17 Td. where he allegedly entered Mr. Burgos’ home unlawfully and caused injury to Mr. Burgos with a cutting instrument on November 9, 2018.
discussed Cited as authority (rule) State v. McCrary
Del. Super. Ct. · 2020 · confidence medium
Oct. 4, 2011) (citing State v. McKay, 382 A.2d 260, 262 (Del. 1969)). *7 Td. *8 Ashley, 85 A.3d at 85 (citing Mayer v. State, 320 A.2d 713, 717 (Del.1974) (Court must balance a defendant's rights against that of judicial economy)). ” State v. Getz, 538 A.2d 726 (Del. 1988) (evidence of prior sexual contact, which involved two isolated events within the previous two years, depicted no common plan other than multiple instances of sexual gratification, which, despite repetition, is not, in itself, evidence of a common scheme).
discussed Cited as authority (rule) State v. Hardy
Del. Super. Ct. · 2019 · confidence medium
Oct. 4, 2011) (citing State v. McKay, 382 A.2d 260, 262 (Del. 1969)). ” Id. *° Ashley, 85 A.3d at 85 (citing Mayer v. State, 320 A.2d 713, 717 (Del.1974) (Court must balance a defendant's rights against that of judicial economy)). 7 State v. Ricky D.
discussed Cited as authority (rule) State v. Ferinden
Del. Super. Ct. · 2018 · confidence medium
R. 8(a). 2 Weist v. State, 542 A.2d 1193, 1195 (Del. 1988) (quoting Mayer v. State, 320 A.2d 713, 717 (1974)). 3 the Court may order separate trials if it appears that a defendant is prejudiced by joinder of offenses in an indictment, even though the offenses were properly joined.3 A motion to sever is addressed to the sound discretion of the trial court.4 The defendant bears the burden of demonstrating that prejudice will result from denial of a motion to sever.5 Mere hypothetical prejudice is insufficient to meet the defendant’s burden.6 There are three types of prejudice a defendant may s…
discussed Cited as authority (rule) Justiniano v. State
Del. · 2018 · confidence medium
(Trial Tr., at 123). 6 Id. at 47 (Trial Tr., at 127). 7 Phillips v. State, 154 A.3d 1130, 1138 (Del. 2017). 8 Id. (quoting Skinner v. State, 575 A.2d 1108, 1118 (Del. 1990)). 9 Skinner, 575 A.2d at 1118 . 4 accused.”10 Under Superior Court Criminal Rule 8(a), charges may be joined if they “are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together.” The trial court has discretion to order “separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires.”11 (9) …
discussed Cited as authority (rule) State v. Bartell
Del. Super. Ct. · 2017 · confidence medium
DISCUSSION Prejudicial joinder may arise in any of the three situations: (1) “when the jury might cumulate the evidence of the various crimes charged and find guilt when, if considered separately, it would not so find;” (2) “when the jury might use the evidence of one of the crimes to infer a general criminal disposition of the defendant in order to find guilt of the other crime or crimes;” (3) “when the defendant might be subject to embarrassment or confusion in presenting different and separate defenses to different charges.”3 An essential and potentially dispositive inquiry is �…
discussed Cited as authority (rule) State v. Maldonado
Del. Super. Ct. · 2016 · confidence medium
Nos. 1602000442, 1601019449, 1601019421 (Del. super.C1.0c1.31,2016)(D.1. 14). _4_ case.]3 The Defendants argue that mere consideration of Count 60 will raise the inference of “once a thief, always a thief’ and will result in undue prejudice against them.14 (7) Rule 8(a) is designed, in part, to promote judicial economy and efficiency; objectives which outweigh a defendant’s unsubstantiated claim of prejudiced5 Under Rule 14, severance of jointly indicted offenses is appropriate only when joinder will substantially prejudice the defendant.]6 “[M]ere hypothetical prejudice” is not suff…
discussed Cited as authority (rule) Ashley v. State
Del. · 2014 · confidence medium
Mayer v. State, 320 A.2d 713, 717 (Del.1974). .
cited Cited as authority (rule) Taylor v. State
Del. · 2013 · confidence medium
Mayer v. State, 320 A.2d 713, 717 (Del.1974). .
cited Cited as authority (rule) Monroe v. State
Del. · 2011 · confidence medium
Mayer v. State, 320 A.2d 713, 717 (Del.1974). 6 .
cited Cited as authority (rule) Bartholomew v. State
Del. · 2007 · confidence medium
David: More than eight. [9] Skinner v. State, 575 A.2d 1108, 1117-18 (Del. 1990). [10] Wiest 542 A.2d 1193, 1195 (Del. 1988) (quoting Mayer v. State, 320 A.2d 713, 717 (Del. 1974)); Super.
cited Cited as authority (rule) State v. Cooke
Del. Ch. · 2006 · confidence medium
Mayer v. State, 320 A.2d 713, 717 (Del. 1974). 10 .
discussed Cited as authority (rule) Garden v. State
Del. · 2003 · confidence medium
The rule of joinder “is designed to promote judicial economy and efficiency, provided that the realization of those objectives is consistent with the rights of the accused.” Mayer v. State, 320 A.2d 713, 717 (Del.1974).
cited Cited as authority (rule) Fortt v. State
Del. · 2001 · confidence medium
Supr., 320 A.2d 713, 717 (1974)). 5 .
discussed Cited as authority (rule) Bradley v. State
Del. · 1989 · confidence medium
Superior Court Criminal Rule 8(b) states that “[t]wo or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction ... constituting an offense or offenses.” The rule of joinder “is designed to promote judicial economy and efficiency, provided that the realization of those objectives is consistent *1241 with the rights of the accused.” Sexton v. State, Del.Supr., 397 A.2d 540, 545 (1979) (quoting Mayer v. State, Del.Supr., 320 A.2d 713, 717 (1974)).
discussed Cited as authority (rule) Weddington v. State
Del. · 1988 · confidence medium
Under Superior Court Criminal Rule 8(a), two or more offenses may be joffied in the same indictment provided that one of the following circumstances exist: the offenses are of the same or similar character; the offenses are based on the same act or transaction; the offenses are based on two or more connected acts or transactions; or the offenses are based on two or more acts or transactions constituting parts of a common scheme or plan. 11 The rule of joinder “is designed to promote judicial economy and efficiency, provided that the realization of those objectives is consistent with the righ…
discussed Cited as authority (rule) Wiest v. State
Del. · 1988 · confidence medium
The fact that the testimony *1195 presented was not in complete compliance with representations made by the State pri- or to trial does not change the Court’s decision.” Prejudicial Joinder Under Superior Court Criminal Rule 8(a), two or more offenses may be joined in the same indictment provided that one of the following circumstances exist: the offenses are of the same or similar character; the offenses are based on the same act or transaction; the offenses are based on two or more connected acts or transactions; or the offenses are based on two or more acts or transactions constituting …
discussed Cited as authority (rule) Sexton v. State
Del. · 1979 · confidence medium
In any case, Superior Court Criminal Rule 8(a), which provides for joinder of offenses, “is designed to promote judicial economy and efficiency, provided that the realization of those objectives is consistent with the rights of the accused.” Mayer v. State, Del.Supr., 320 A.2d 713, 717 (1974).
discussed Cited "see" State v. v. Morris-Whitt
Del. Super. Ct. · 2023 · signal: see · confidence high
Super. 2019). 39 Wiest, 542 A.2d, at 1196 n. 3 (citing Bates, 386 A.2d at 1142 ); see Getz v. State, 538 A.2d 726, 734 (Del. 1988) (outlining the six guiding factors in determining admissibility of evidence of other crimes). 40 Mayer v. State, 320 A.2d 713, 717 (Del. 1974). 7 is consistent with the Court’s past practice and has the imprimatur of the Delaware Supreme Court.41 10.
discussed Cited "see" State v. Gibson
Del. Super. Ct. · 2022 · signal: see · confidence high
Super. 2019). 53 Wiest, 542 A.2d, at 1196 n. 3 (citing Bates, 386 A.2d at 1142 ); see Getz v. State, 538 A.2d 726, 734 (Del. 1988) (outlining the six guiding factors in determining admissibility of evidence of other crimes). 54 Mayer v. State, 320 A.2d 713, 717 (Del. 1974). 8 13.
discussed Cited "see, e.g." Jackson v. State
Del. · 2009 · signal: see, e.g. · confidence medium
See, e.g., Mayer v. State, 320 A.2d 713, 717 (Del.1974) (“Superior Court Criminal Rule 8(a) is designed to promote judicial economy and efficiency, provided that the realization of those objectives is consistent with the rights of the accused.”) (emphasis added). 25 .
cited Cited "see, e.g." Hopkins v. State
Del. · 1985 · signal: compare · confidence low
Compare Mayer v. State, Del.Supr., 320 A.2d 713 (1974).
Retrieving the full opinion text from the archive…
Harry A. MAYER, Defendant-Below, Appellant,
v.
STATE of Delaware, Plaintiff-Below, Appellee
Supreme Court of Delaware.
Apr 26, 1974.
320 A.2d 713
B. Wilson Redfearn and Jeffrey S. Goddess of Tybout, Redfearn & Schnee, Wilmington, for defendant-below, appellant., Joseph A. Hurley, Deputy Atty. Gen. Wilmington, for plaintiff-below, appellee.
Herrmann, Carey, Duffy.
Cited by 29 opinions  |  Published
CAREY, Justice:

This appeal is taken by Harry A. Mayer, who was convicted in the Superior Court for possession of marijuana with intent to sell. He was found not guilty on the charge of possessing a firearm during the commission of a felony. [1] This appeal presents two questions for our consideration: (1) Was the search warrant in this[*715] case supported by an affidavit which was sufficient to establish probable cause for its issuance? and (2) Was prejudicial error committed by the Judge’s refusal to sever the “firearm” charge from the “drug” charge?

I

We answer the first question in the affirmative. The complained-of search of Mayer’s home occurred on November 16, 1971. That search was undertaken under the authority of a warrant which was issued after a Magistrate’s consideration of the following affidavit:

“A. On or about 20 Aug. 71, Your af-fiant Det. C. Venable received information from Harry A. Mayer, WM, of 12 Augusta Dr., Chestnut Hill Est., Newark, Del. That he Harry Am. [sic] Mayer had dealt in large quantities of marijuana in the past and had never been caught selling marijuana because he was careful who he sold to. Harry A. Mayer further stated that he kept guns in house at all times and all his friends who came to his house to visit carried some type of gun. Harry A. Mayer stated that he had had as much as 100 lbs of marijuana at his house at one time.
“B. On or about 23 Aug. 71, Your af-fiant, Det. C. Venable, received information from Harry A. Mayer of 12 Augusta Dr., CHestnut Hill Est., Newark, Del. that he (Harry A. Mayer) would allow Det. C. Vena-ble to search his residence at any time because he only kept a small quantity of marijuana there for his own personal use and it could be easily disposed of.
“C. On Aug. [2] 71, Your afiants [sic.] received information from a reliable confidential informant who has been reliable in the past in that reliable confidential informant has introduced Tpr. M. Neal to four sellers of contraband drugs during the last 3 months. These introductions resulted in drug purchases by Tpr. M. Neal from these drug sellers, arrests of those drug sellers will be made within the next 2 weeks. Reliable confidential informant stated that on 25 Aug. 71, he personally observed and smoked green plant material wrapped in plastic bags alleged [sic.] to be marijuana laying on top of chest on righthand side of fireplace at the residence of Harry A. Mayer of 12 Augusta Dr., CHestnutl [sic.] Hill Est., Newark, Del.
“D. On 71, Your affiants received information from a reliable confidential named in paragraph C of this affidavit that he personally observed a bowl of green plant material alledged [sic.] to be marijuana on coffee table in living room at the residence of Harry A. Mayer of 12 Augusta Dr., Chestnutl [sic.] Hills Est., Newark, Del.
“E. On 12 Nov. 71, Your affiants [sic.] received information from reliable confidential informant named in paragraph C and D of this affidavit that Harry A. Mayer of 12 Augusta Dr., Chestnut Hill Est., Newark, Del. was going to get a large shipment of marijuana on 15 Nov. 71.
“F. On 15 Nov. 71, Your affiants received information from the relia[*716] ble confidential informant named in paragraphs C, D and E of this affidavit that he knows of his own personal knowledge and belief that Harry A. Mayer, of 12 Augusta Dr., Chestnut Hill Est., Newark, Del. has a large quantity of marijuana in his possession which he is going to sell.
“G. The public directory will show that telephone number 737-3585, is registered to Harry A. Mayer of 12 Augusta Dr., Chestnut Hill Est.
“H. The records of the Delaware Motor Vehicle Dept., will show that Del. Reg. number C4367 is registered to a 67 Ford Pickup owned by H.A. Mayer, of 12 of Augusta Dr., Newark, del.”

Appellant contends that the affidavit fails to establish probable cause. The specific challenges to the affidavit are: (1) There is insufficient information to support a Magistrate’s finding that the informant (referred to in paragraphs C, D, E, and F above) was reliable; and (2) The warrant was not timely; although there might have been probable cause to issue the warrant in August, no such justification existed in November.

We answer these contentions thusly:

(1) While each case must be judged carefully on its particular facts, our holdings in Wilson v. State, Del.Supr., 314 A.2d 905 (1973); Garner v. State, Del.Supr., 314 A.2d 908 (1973); and Marvel v. State, Del.Supr., 290 A.2d 641 (1972) support our conclusion that the above affidavit supplies sound reason to believe that the informant was reliable. We hold that the affiants’ statement .that the informant’s previous information had led to the purchase of drugs from four sellers during the past three months, coupled with the informant’s detailed description concerning the manner in which his information was gathered, provided ample indicia of the reliability of the informant. Compare Spi-nelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969) and Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964). Appellant suggests that there need be some additional independent corroboration of the informant’s reliability with respect to the information related in paragraphs E and F. We know of no judicial authority which supports this contention, nor do we believe that the applicable provisions of the State or Federal Constitutions support the argument. Appellant’s reliance upon Donlon v. State, Del.Supr., 293 A.2d 575 (1972), is misplaced. In that case, there was no. averment of the reliability of the informant, and that is why we deemed the corroborative facts in that case to be significant.

Since there was justification for the belief that the informant was reliable, we do not pass upon the significance of the admission against penal interest which is contained in paragraph C above.

2. We now consider the argument that the warrant in this case was not timely. On this issue of staleness of the warrant, this is a very close case. It is clear that the issuance of a warrant in August or early September would have been timely. Appellant argues that the only information relating any criminal activity in November is contained in paragraphs E and F, and that these paragraphs contain the very kind of bald, conclusory assertions which are insufficient to establish probable cause. For this argument, he relies upon Spinelli, supra; Auguilar, supra; and Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503 (1958).

We do not decide whether this affidavit would support the issuance of a warrant on November 16, 1971, even if paragraphs E and F were omitted. Rather, we hold that, although the information in paragraphs E and F probably does not alone rise to probable cause for the issuance of a warrant, it was properly considered in determining whether the warrant should issue. The Magistrate had before[*717] him sworn statements that the informant had observed marijuana on the premises in question on two dates in August. He also had assurance that the same informant knew of his own personal knowledge and belief that on November IS, 1971, the appellant had a large quantity of marijuana in his possession. All of this must be viewed in connection with the statements in paragraphs A and B.

Although we believe that if paragraphs E and F were the sole basis for the issuance of the warrant in this case the affidavit might well manifest constitutional deficiencies, we think that paragraphs E and F were properly entitled to some weight. The information in those paragraphs, coupled with the other sworn statements, depicts this appellant’s continuing involvement with marijuana. Compare Spinelli, supra; Aguilar, supra; and Giordinello, supra.

Under the circumstances here present, we cannot say that it was unreasonable to believe that criminal activity probably was taking place on November 16, 1971. The warrant was supported by an affidavit which furnished probable cause for its issuance.

II

We find no error in the lower Court’s refusal to sever the charges against this defendant. Superior Court Criminal Rule 8(a), Del.C.Ann., is designed to promote judicial economy and efficiency, provided that the realization of those objectives is consistent with the rights of the accused. We find that the offenses charged were “based on the same act or transaction” within the meaning of the Rule, and that the reasons supporting the joinder in this case far outweigh any minor “prejudice” which the defendant might have suffered by reason thereof. We perceive no reason to reverse the conviction on this ground.

For the aforementioned reasons, the conviction is affirmed.

1

. 11 Del.C. § 468A(a) (now 11 Del.C. § 1447) provides:

“468A. Possession of a deadly firearm during commission of a felony
“ (a) Any person found to have had in his possession during the commission of a felony within this State any shotgun, rifle, pistol, revolver, zip gun, or other firearm or weapon capable of firing a missile or projectile with sufficient force to cause death or serious bodily injury shall be guilty of a felony and shall be imprisoned not less than 5 years nor more than 30 years and fined as the court in its discretion may prescribe.”
2

. We have assumed these dates to be August, “Aug.” Throughout this case and in both briefs, these dates are referred to as August. Counsel have been unable to explain why the letters "Oct.” appear to be superimposed over the letters “Aug.” in the affidavit. If the true dates of the occurrences were in October, our view concerning the alleged staleness of the warrant would, of course, be greatly strengthened.