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Supreme Court of Delaware


Smith v. State of Delaware, 339, 2008

Defendant's request for a mistrial was reasonably denied where: 1) the witness' two disputed comments were fleeting, unsolicited, reflect Defendant's own words, and possibly conveyed no meaning to the jury; 2) the likelihood of resulting prejudice was slight; and 3) the trial judge's instructions to the jury sufficiently mitigated any resulting prejudice.

Appellate Information

  • Decided 12/18/2008
  • Published 12/18/2008

Judges

  • HOLLAND, Justice:, Before HOLLAND, BERGER and RIDGELY, Justices.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • James J. Haley, Jr., Esquire, Ferrara & Haley, Wilmington, DE, for appellant.

  • For Appellees:
  • Timothy J. Donovan, Jr., Esquire, Department of Justice, Wilmington, DE, for appellee.
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