Best v. State

── Best v. State ── Court: Supreme Court of Delaware Date: April 27, 2026 Category: General IN THE SUPREME COURT OF THE STATE OF DELAWARE ELLIK E. BEST, § § No. 369, 2025 Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § Cr. ID Nos. 2403010012 A/B (K) STATE OF DELAWARE, § § Appellee. § Submitted: February 10, 2026 Decided: April 27, 2026 Before TRAYNOR, LEGROW, and GRIFFITHS, Justices. ORDER After consideration of the appellant’s Supreme Court Rule 26(c) brief, the State’s response, and the record on appeal, it appears to the Court that: (1) A Superior Court jury found the appellant, Ellik E. Best, guilty of drug dealing, drug possession, possession of drug paraphernalia, possession of a firearm by a person prohibited (“PFBPP”), and possession of ammunition by a person prohibited (“PABPP”). The Superior Court sentenced Best to forty-eight years of Level V incarceration, suspended after nineteen years for decreasing levels of supervision. This is Best’s direct appeal. (2) On appeal, Best’s counsel (“Counsel”) filed a brief and a motion to withdraw under Supreme Court Rule 26(c). Counsel stated that there were no arguably appealable issues. He informed Best of the provisions of Rule 26(c) and provided Best with a copy of the motion to withdraw and the accompanying brief. He also informed Best of his right to identify any points he wished this Court to consider on appeal. Best submitted points for this Court’s consideration. The State has responded to the Rule 26(c) brief and has moved to affirm the Superior Court’s judgment. (3) The parties stipulated before trial to sever the drug offenses from the weapon offenses and try the drug offenses first. The evidence presented at the first trial established that Delaware State Police conducted a search of a Dover residence on May 20, 2024. Sergeant Mark Doughty found Best upstairs, lying on a hallway floor. Although Sergeant Doughty did not encounter anyone else in the residence, Best’s uncle, Charles Jackson, was also there. (4) In one of the upstairs bedrooms, Detective Anthony Tillman found Best’s Delaware identification card, paperwork with Best’s name, and men’s clothing consistent with Best’s size. Detective Tillman also found a black cross-body bag containing a cardboard phone box and a tin. The box and tin contained bags with a white substance later determined to be approximately 69 grams of cocaine. The tin also contained a digital scale. (5) On a shelf next to the bed there was a substance that looked like cocaine but did not field test positive for any controlled substance. Detective Tillman 2 identified the substance as a cutting agent. There also were small plastic baggies in the bedroom. Based on his training and experience, Detective Tillman testified that the amount of cocaine as well as the plastic baggies, digital scale, and cutting agent were consistent with drug dealing. The police did not look for fingerprints on any of the items found in the bedroom. A sample of Best’s DNA was collected but was not matched to anything in the bedroom. (6) Sergeant Talasky Jean interviewed Best. During the interview, Best told Sergeant Jean that he acquired the cocaine to sell it. A redacted recording of the interview was played for the jury. Best did not testify at trial. The jury found Best guilty of drug dealing, drug possession, and possession of drug paraphernalia. (7) The parties then proceeded to trial on the weapon offenses. Before the second trial s