Delaware
How Bourjaily v. United States applies in Delaware: state-specific rules, key cases, and bar exam notes for Evidence.
Delaware courts follow a similar approach to the federal standard regarding the admission of hearsay evidence under the co-conspirator exception. The state emphasizes the necessity of establishing the conspiracy's existence before admitting statements made by one co-conspirator against another.
In Delaware, a statement made by a co-conspirator during the course and in furtherance of the conspiracy may be admitted as evidence under D.R.E. 801(d)(2)(E), similar to the federal rules.
The court held that for co-conspirator statements to be admissible, there must be adequate evidence establishing that a conspiracy existed among the individuals.
The court reiterated that the declarations of a co-conspirator can only be admitted if the prosecution demonstrates the conspiracy's existence by a preponderance of the evidence.
The court found that the threshold for proving the existence of a conspiracy required sufficient corroborative evidence beyond just the hearsay statement itself.
Delaware's approach to co-conspirator hearsay exceptions is largely consistent with federal standards as set forth in Bourjaily v. United States. Both require preliminary factual determinations about the conspiracy's existence before admitting such hearsay statements.
Understanding hearsay exceptions and co-conspirator admissions is essential for Delaware bar exam candidates, particularly in criminal law contexts.