Brian Fritzinger, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The court reversed Fritzinger’s convictions and remanded for a new trial because the trial judge denied a mandatory statutory hearing concerning the complainant’s prior sexual conduct and referred to the complainants as “victims” in the jury instructions. The court held that both errors prejudiced Fritzinger’s right to a fair trial. It also required reassignment to a different trial judge because the record created an objective appearance of unfairness or bias.