Case Detail
CitationWhittle v. State, 77 A.3d 239 (Del. 2013)
CrimeMurder
StateDE
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2010
BodySupreme court
OpinionDefendant was convicted in the Superior Court of New Castle County, Delaware of murder in the second degree, possession of a firearm during the commission of a felony, reckless endangering in the first degree, and possession of a firearm by a person prohibited, and he appealed. The Supreme Court of Delaware held that the prosecutor improperly vouched for the credibility of certain witnesses when he repeatedly asserted that various key witnesses were “right,” and reversed the conviction. Given the prosecutor's special role in the judicial system, he should have been 'especially careful to let the evidence speak for itself.' Instead, the prosecutor repeatedly vouched for the witnesses' credibility by characterizing their testimony in absolute terms, such as 'right' and 'correct.' And, the prosecutor did that in the face of other contradictory and inconsistent testimony evidence. As a result, the prosecutor's improper vouching was so fundamental and serious that it deprived Whittle of his right to a fair trial."
Determination Year2013
Misconduct TypeT
C/S EffectVacate conviction or sentence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://courts.delaware.gov/supreme/oralarguments/download.aspx?id=450