Case Detail
CitationKirkley v. State, 41 A.3d 372 (Del. 2012)
CrimeViolent, other
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 attempted first-degree robbery. The Supreme Court held that the prosecutor's comments in rebuttal closing argument amounted to improper vouching for State's case, and the defendant was prejudiced by prosecutor's improper vouching of State's case. The case was reversed. "The prosecutor's statements improperly vouched for the State's case. Asserting that the State brought the charges because Kirkley committed the crime implies personal knowledge outside the evidence and emasculates the constitutionally guaranteed presumption of innocence. Therefore, we find that the prosecutor engaged in misconduct."
Determination Year2012
Misconduct TypeT
C/S EffectVacate conviction or sentence
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttps://www.courtlistener.com/del/cLTS/kirkley-v-state/