State of Delaware v. Mark Purnell

Wilmington, Delaware criminal defense lawyer represented the Defendant charged with murder in the second degree, attempted robbery in the first degree, conspiracy in the second degree, and related firearms charges.



In the early evening hours of January 30, 2006, Ernest and Tameka Giles were walking along the sidewalk near Fifth and Willing Streets in Wilmington. The married couple was carrying several shopping bags containing their recent purchases from Walmart. As they walked, two young men approached them and demanded money. Mrs. Giles recognized one of the men, calling him by name, Mark.1 Mrs. Giles refused to give up her belongings and kept walking. The young man then fired a single shot, hitting Mrs. Giles in the back. She fell to the ground and Mr. Giles screamed for help. The two men fled the scene.

Defendant was found guilty.



Defendant's conviction was affirmed by the Supreme Court of Delaware on August 25, 2009



Harris filed a petition in 2014 for a writ of habeas corpus in U.S. District Court in the District of DelawareOn June 17, 2021, the Delaware Supreme Court vacated Purnell’s conviction and granted him a new trial. It was the first time the court had granted a new trial based on actual innocence. “Although findings of actual innocence are reserved for the ‘rare’ or ‘extraordinary’ case,” the court said, “we believe this is such a case.”



The state filed a motion to dismiss the case on April 28, 2022



Purnell was released from prison that day.