Michael P. Hanna v. State Delaware Book Reviews

Michael P. Hanna v. State Delaware by Supreme Court of Delaware Book Summary

The appellant, Michael P. Hanna, was convicted in the Superior Court, in and for Kent County, of one count each of criminally
negligent homicide, 11 Del.C. § 631, conspiracy in the third degree, 11 Del.C. § 511, burglary in the
third degree, 11 Del.C. § 824, and theft, 11 Del.C. § 841. On appeal, Hanna raises three contentions.
First, he contends that the Superior Court should have granted his motion to suppress certain items of physical evidence found
at his codefendant's trailer on the basis that, as a casual, overnight visitor, he had a reasonable expectation of privacy
in the premises and has standing to challenge the legality of the search. Second, Hanna claims that the Superior Court should
have suppressed a statement he made shortly after his initial, unlawful arrest as a "fruit of the poisonous tree." Finally,
Hanna contends that the Superior Court erred in admitting testimony regarding a burglary which the victim had accused Hanna
of committing one week prior to the homicide. We find that the Superior Court erred in its finding that Hanna lacked standing
to challenge the legality of the search of the residence at which he was an overnight guest. We find no merit to appellant's
second and third contentions, and we agree with those portions of the Superior Court ruling to which they pertain. Therefore,
we reverse Hanna's convictions based upon the erroneous ruling of the Superior Court refusing to consider Hanna's motion to
suppress the evidence found at the trailer, State v. Hanna, Del. Super., 542 A.2d 794 (1988), and remand the case for proceedings
consistent with this opinion. I.

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