Supreme Court of Delaware

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Dailey v. State of Delaware, 425, 2007

Conviction for first-degree rape is affirmed over objections that: 1) the complaining witness's videotaped statement should have been excluded as lacking adequate foundation; 2) the trial judge "chilled" defendant's right to testify by suggesting that he would admit the facts underlying an earlier conviction for a sex crime into evidence if defendant testified; and 3) the prosecutor's remarks during his rebuttal summation impermissibly shifted the burden of proof to defendant, requiring the trial judge to issue a curative instruction.

Appellate Information

  • Decided 09/03/2008
  • Published 09/03/2008

Judges

  • STEELE, Chief Justice., Before STEELE, Chief Justice, HOLLAND, JACOBS, RIDGELY, Justices and NOBLE, Vice Chancellor  constituting the court en banc.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • David J.J. Facciolo and Bernard J. O'Donnell (argued), Office of the Public Defender, Wilmington, Delaware for appellant.

  • For Appellees:
  • James T. Wakley, Department of Justice, Wilmington, Delaware for appellee.
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