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.