Supreme Court of Delaware

Defendant's robbery conviction is affirmed where: 1) any substantive comments of a third party embedded in an 11 Del. C. section 3507 statement were inadmissible under section 3507 because they are not prior statements of the witness; and 2) defendant's appellate assertions of plain error disregarded his trial attorney's initial decision not to move for a mistrial and not to accept the trial judge's offer of a curative instruction, and counsel's subsequent failure to object to the later statements by a detective.

Appellate Information

• Decided 07/22/2010
• Published 08/03/2010

Judges

• E. Randy Holland

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Nicole M. Walker, Paul R. Wallace