Supreme Court of Delaware, 1991

The Supreme Court of Delaware affirmed Seth’s conviction for driving under the influence. It held that the Attorney General had statutory authority to appoint privately compensated, part-time special prosecutors and that the program did not violate professional-conduct rules absent an actual conflict of interest.

The Supreme Court of Delaware reversed the Superior Court’s judgment, holding that the jury instructions and special interrogatories that used the term “substantial factor” to define proximate cause were legally erroneous under Delaware law and that the error was not waived despite the appellants’ failure to object…