Thursday, February 25, 2010

Unkept Promise, No New Trial

The Delaware Supreme Court affirmed a criminal conviction for handgun-related offenses notwithstanding defense counsel's opening statement to the effect that a witness would corroborate the defendant's story. The witness took the Fifth Amendment and defense counsel moved for a mistrial. The court here held that the trial judge did not abuse her discretion in denying the motion. The trial judge gave three curative instructions "designed to allay any unfair prejudice to [the defendant]..." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2010/02/unkept-promise-no-new-trial.html

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