Case Detail
CitationHardy v. State, 962 A.2d 244 (Del. 2008)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2006
BodySupreme court
OpinionDefendant was convicted in the Superior Court of New Castle County, Delaware of rape first degree, unlawful imprisonment first degree, and aggravated menacing. The Supreme Court held that, during closing argument, the prosecutor improperly vouched for the State's case when he commented that falsely reported rapes did not go to trial. "Although the State's case, if believed, presented despicable facts, fundamentally unfair trials obscure a search for the truth. “[I]t is fundamental that [the prosecutor's] obligation is to protect the innocent as well as to convict the guilty, to guard the rights of the accused as well as to enforce the rights of the public.' The prosecutor represents the State, which includes even the defendant who is on trial. Therefore, '[i]t is his duty to see that the State's case is presented with earnestness and vigor, but it is equally his duty to see that justice be done by giving defendant a fair and impartial trial.' We must conclude that the prosecutor failed to carry out that solemn duty in this case."
Determination Year2008
Misconduct TypeT
C/S EffectVacate conviction or sentence
Pros. Misc. ReportedUKN
Sanction TypeUKN
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