Wheeler v. State

── Wheeler v. State ── Court: Supreme Court of Delaware Date: April 24, 2026 Category: General IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES WHEELER, § § Defendant Below, § No. 318, 2025 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. K2406000502A § Appellee. § Submitted: March 2, 2026 Decided: April 24, 2026 Before TRAYNOR, LEGROW, and GRIFFITHS, Justices. ORDER After consideration of the brief and motion to withdraw filed by the appellant’s counsel under Supreme Court Rule 26(c), the State’s response, the appellant’s points, and the Superior Court record, it appears to the Court that: (1) This is James Wheeler’s direct appeal from his convictions for first- degree rape and other crimes. Wheeler’s counsel has filed a brief and a motion to withdraw under Supreme Court Rule 26(c). Counsel asserts that he has made a conscientious review of the record and the law and concluded that the appeal is without merit. Counsel informed Wheeler of the provisions of Rule 26(c) and provided him with a copy of the motion to withdraw and the accompanying brief. Counsel also informed Wheeler of his right to supplement counsel’s presentation. Wheeler provided issues for the Court’s consideration. The State argues that the Superior Court’s judgment should be affirmed. (2) The complaining witness, Cherise,1 testified at trial that on May 31, 2024, three of her nephews, including Wheeler,2 visited her apartment. An acquaintance known as “Ms. Piggy” was also present at the beginning of the visit. Ms. Piggy provided Wheeler and Cherise with crack pipes and then left the apartment. After the other nephews left to go to the store, Cherise left Wheeler in the living room and locked herself in the bedroom because she was afraid to be alone with Wheeler. After ingesting some crack cocaine, Cherise heard knocking on the front door of the apartment. When Cherise left the bedroom to investigate, she saw Wheeler standing naked in the living room. He confronted Cherise with a knife and grabbed her. Cherise tried to escape, Wheeler flipped over a coffee table, causing glass to shatter, and ripped off Cherise’s clothing. Wheeler touched Cherise’s genitals and attempted vaginal penetration with his penis. Cherise lost control of her bowels. When Wheeler realized there were feces on his penis and hand, he ordered Cherise to the bathroom and demanded that she wash and suck his penis. Cherise tried to wipe off the feces with a washcloth and performed fellatio on Wheeler. Wheeler also ordered Cherise to stick her finger into his anus. Cherise complied with 1 We have assigned a pseudonym to the victim under Supreme Court Rule 7(d). 2 Cherise is Wheeler’s great-aunt. 2 that demand, but feigned compliance when he ordered her to “lick his butt.” Wheeler grabbed Cherise, forced her onto her bed, and again attempted vaginal penetration. The attack ended when the other nephews returned from the store. (3) Cherise bathed and rinsed her mouth with toothpaste. Her granddaughters arrived for a surprise visit. Seeing the apartment in disarray, they helped Cherise tidy up, including by placing in the kitchen trashcan broken glass from the living room and a pair of underwear that Wheeler had left. (4) With her family members’ encouragement, Cherise reported the assault to police the next day. The responding detective observed and photographed feces on the floor and smeared on the bathtub. He collected the broken glass and underwear from the kitchen tras