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Kipp v. Delaware | 704 A.2d 839 (1998)

A criminal defendant will sometimes claim that he can’t be guilty of a crime if he didn’t realize his actions were illegal. But can a defendant actually escape criminal liability based on an incorrect understanding of the law? The Delaware Supreme Court considered this question in Kipp versus Delaware.

After receiving a complaint from a woman that her boyfriend, Hugh Kipp, had a gun, Delaware police officers went to Kipp’s home. Kipp initially refused to exit his home but eventually surrendered and was taken to the hospital for a psychological evaluation. The police searched Kipp’s house and found three guns, ammunition, and hunting bows.

Under Delaware law, any person convicted of a felony or of a crime of violence resulting in physical injury to another person is barred from possessing any deadly weapon. Kipp’s criminal record revealed that he’d previously pleaded guilty to a misdemeanor charge of third-degree assault, making it illegal for him to possess deadly weapons. Kipp was charged with three counts of possession of a deadly weapon by a prohibited person.

At trial, Kipp testified that when he pleaded guilty to third-degree assault, he was told he wouldn’t be prohibited from possessing weapons because the charge was a misdemeanor. Additionally, Kipp’s guilty-plea form was admitted into evidence. Under the section stating that the guilty plea will result in the defendant’s loss of the right to possess a deadly weapon, Kipp’s form was marked quote, “N/A” unquote. The prosecutor and the judge both failed to bring this error on Kipp’s form to his attention.

The trial court found Kipp guilty of all three counts of possession of a deadly weapon by a prohibited person. Kipp appealed to the Supreme Court of Delaware, arguing that his prior guilty plea wasn’t made knowingly and should therefore be set aside. The prosecution conceded that Kipp had raised a valid defense of mistake of law and that his judgments of convictions should be reversed.

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