Sullivan v. State

• Decision Date: 04 February 1994
• Citation: 636 A.2d 931
• Parties: Willie G. SULLIVAN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. . Submitted:
• Court: United States State Supreme Court of Delaware

Page 931

636 A.2d 931

Willie G. SULLIVAN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Submitted: Feb. 4, 1994.

Decided: Feb. 10, 1994.

Rehearing Denied Feb. 28, 1994.

Upon appeal from the Superior Court. AFFIRMED.

Bernard J. O'Donnell, Asst. Public Defender, Wilmington, for appellant.

Richard E. Fairbanks, Jr. (argued), Loren C. Meyers, Timothy J. Donovan, Jr., Dept. of Justice, Wilmington, for appellee.

Before VEASEY, C.J., HORSEY, MOORE, WALSH, and HOLLAND, JJ. (constituting the Court en Banc )

HOLLAND, Justice:

The defendant-appellant, Willie G. Sullivan ("Sullivan"), was indicted on charges of Murder in the First Degree, Robbery in the First Degree, Burglary in the Second Degree, Felony Theft, Misdemeanor Theft, and Possession of a Deadly Weapon During the Commission of a Felony. On December 2, 1992, Sullivan pled guilty to all charges, including an additional charge of Conspiracy in the First Degree under a separate indictment. ¹ Following a penalty hearing, a jury recommended, by a vote of nine to three, that Sullivan be sentenced to death for the offense of Murder in the First Degree.

On December 30, 1992, the Superior Court sentenced Sullivan to death by lethal injection for the offense of Murder in the First Degree. The Superior Court also sentenced Sullivan to be incarcerated for a total of 23 years with regard to the other convictions. Sullivan's trial attorney filed a timely notice of appeal with this Court. An automatic appeal was also docketed. 11 Del.C. § 4209(g). Those appeals have been consolidated. This Court has stayed Sullivan's execution during the pendency of this appeal.

In this direct appeal, Sullivan contends that his convictions should be reversed because the record of his guilty pleas was inadequate to support the Superior Court's factual conclusion that those pleas were made This Court has reviewed each of Sullivan's contentions. We find no reversible error. 11 Del.C. § 4209. We have concluded that the judgments and sentences imposed upon Sullivan by the Superior Court, including the sentence of death by lethal injection, should be affirmed.

knowingly, voluntarily and intelligently. Sullivan also argues that this Court should reverse the sentence of death and remand this matter to the Superior Court for a new penalty hearing because: (1) the striking of jurors for cause, based upon their stated reservations about imposing the death penalty, was not constitutionally mandated since in Delaware the jury serves only in an advisory capacity, and denied Sullivan a jury composed of a fair cross-section of the community; (2) the State's victim impact evidence exceeded the scope permitted by the Due Process Clause of the Fourteenth Amendment to the United States Constitution; (3) the State made improper and pervasive inflammatory remarks in its closing arguments to the jury during the penalty hearing; (4) the instructions were inadequate to inform the jury that evidence of Sullivan's alleged mental retardation could be considered as a mitigating factor; (5) in imposing a sentence of death, the Superior Court failed to give adequate consideration to mitigating evidence that Sullivan was mentally retarded, and abused its discretion in discounting expert testimony that Sullivan was mentally retarded; (6) the imposition of a death sentence was constitutionally impermissible, since the aggravating circumstances did not outweigh the mitigating circumstances "beyond a reasonable doubt" and, thus, death was an inappropriate punishment under the "totality of the circumstances"; and (7) the sentence of death imposed on Sullivan is disproportionate to sentences imposed in Delaware in similar cases.

Facts

The homicide victim, Maurice W. Dodd ("Dodd"), was 78 years old at the time of his death. Dodd resided in a house trailer in Frederica, Delaware. On the same premises he operated a small nursery, "Dodd's Nursery and Flower Garden."

Sullivan confessed to the killing of Dodd, after being advised of and waiving his Miranda ² rights. Sullivan's confession was in the form of a statement given to Sergeant Michael L. Warrington of the Delaware State Police. According to Sullivan, his motive for the killing was that he "needed some money."

The record reflects the occurrence of the following events. Sullivan and Lenny Harrison ("Harrison") had planned to kill Maurice Dodd and steal money from him. In his statement to the police, Sullivan acknowledged that he had begun to think about killing Dodd for his money in the summer of 1991, while he was working for Dodd. The plan was for Harrison to lure Dodd into one of the greenhouses on the pretext of buying flowers. Once Dodd was inside, Sullivan was supposed to kill him.

The plan was partially carried out twice. First, on December 13, 1991, Harrison and Sullivan went to Dodd's property and proceeded with their plan up to the point in time when Sullivan was supposed to kill Dodd. Sullivan then became frightened. He and Harrison both fled. Second, on December 24, 1991, Sullivan went to Dodd's home alone to kill and rob him. Once again, however, Sullivan abandoned that idea.

On December 27, 1991, after being driven to Frederica by his sister, Sullivan went to Harrison's home to obtain his help in carrying out their original plan. When he could not find Harrison, Sullivan walked to Dodd's house alone, arriving at about 6:30 p.m. Sullivan was armed with a kitchen knife, which was concealed in his jacket.

Upon arrival, Sullivan asked Dodd if he had any flowers for sale. Dodd told Sullivan to go to one of the greenhouses and wait for him. When Dodd came through the door to the greenhouse a few minutes later, Sullivan attacked him from behind, stabbing him with the knife. Dodd attempted to escape from the greenhouse. Sullivan dragged him back inside and stabbed Dodd several more times.

Sullivan inflicted a total of ten knife wounds upon Dodd's face, chest, back, right Dodd soon died. Sullivan removed a wallet from Dodd's pocket. It contained $283. Sullivan then went inside and threw the kitchen knife behind the greenhouses. After checking to make certain that Dodd was dead, Sullivan put a cement block in front of the greenhouse door.

arm, and right hand. Sullivan then picked up a metal ice scoop and struck Dodd repeatedly on his head until the scoop broke into pieces. Finally, with Dodd collapsed on the ground and groaning, Sullivan lifted up a large concrete block and threw it down upon him.

Sullivan then went back into Dodd's house. Sullivan ransacked the bedroom, looking for more money. He was only able to find some rolls of change, totalling about $64, and a set of car keys. Sullivan took the keys and fled in Dodd's automobile.

Over the next several days, Sullivan drove his friends to local shopping malls in the stolen automobile. Sullivan purchased basketball sneakers, two cassette tapes, a portable tape player, headphones, and a hat with the proceeds of the robbery. He also gave various amounts of money to his friends and family. By New Year's Day, all of the money that Sullivan had taken from Dodd was gone. Sullivan eventually abandoned the stolen automobile in the parking lot of Kent General Hospital in Dover.

Three days after the murder, concerned neighbors found Dodd's body in the greenhouse. Sullivan had told several friends, including Harrison, that he had killed Dodd. Information implicating Sullivan in Dodd's death and the other crimes committed at the nursery soon reached the Delaware State Police. Sullivan was arrested on January 3, 1992.

Sullivan pled guilty to the charge of Murder in the First Degree and other offenses on December 2, 1992. A penalty hearing was scheduled. Beginning on December 7, 1992 and ending on December 9, 1992, a jury heard evidence to determine the appropriate sentence to be imposed.

Prior to the penalty hearing, the State gave notice of its intent to prove that two statutory aggravating circumstances existed: (1) the murder was committed during the commission of a robbery; and (2) the murder was committed while Sullivan was engaged in the commission of a burglary. ³ See 11 Del.C. § 4209(e)j.

The State also alleged the existence of the following non-statutory aggravating circumstances: (1) the particular circumstances and details of the murder; (2) Dodd's age of 78 years; (3) Dodd was defenseless; (4) the murder was premeditated; (5) the murder was committed in cold blood; (6) Sullivan lured Dodd from his residence under false pretense and attacked him by surprise; (7) the killing was merciless; (8) Dodd's character; and (9) victim impact evidence.

Pursuant to 11 Del.C. § 4209(c), Sullivan's counsel provided notice to the Superior Court of their intent to prove the following Following the penalty hearing, during which the State and Sullivan presented evidence in support of their respective representations, the jury recommended, by a vote of nine to three, that Sullivan be sentenced to death for the offense of Murder in the First Degree. In announcing its sentencing decision, the Superior Court stated although it "found several mitigating circumstances, they are clearly outweighed by the aggravating circumstances of this crime and Sullivan's demonstrated propensity to plan and prey upon the elderly and defenseless by killing such a person only for money."

mitigating factors: (1) Sullivan accepts responsibility for his wrongful conduct; (2) Sullivan is remorseful for his wrongful conduct; (3) Sullivan is a non-violent person other than with respect to the incident in question; (4) Sullivan was a youthful person at the time of the offense (date of birth, July 17, 1971); (5) Sullivan has a family whom he loves and who love him; (6) Sullivan was kind to his family, neighbors and associates; (7) Sullivan is a member of a family whose other members would continue to visit him if he was incarcerated for the remainder of his life; (8) Sullivan...