Case Detail
CitationCaldwell v. State, 770 A.2d 522 (Del. 2001)
CrimeDrug crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1998
BodySupreme court
OpinionDefendant was convicted in the Superior Court of Kent County, Delaware of possession with intent to deliver cocaine, possession of drug paraphernalia, and resisting arrest. The Supreme Court of Delaware granted the defendant a new trial holding that: (1) defendant's right of confrontation was violated by prosecutor's opening statement reference to hearsay of police detective; (2) Terry stop and pat down search of defendant was illegal; and (3) evidence was insufficient to establish intent element of possession with intent to deliver cocaine. The prosecutor's actions "denied Caldwell's Sixth Amendment right to be confronted by and to cross-examine his accuser. This Sixth Amendment violation prejudiced Caldwell when considered in conjunction with later events because it denied him the opportunity to test the source and accuracy of critical information that led to his confrontation with the police and the credibility of the person relating it on issues of fact and law touching upon elements of the major offense for which he stood charged."
Determination Year2001
Misconduct TypeT
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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