Charles Bohan, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The Supreme Court of Delaware affirmed the denial of Bohan's motion for a mistrial after a prospective defense witness invoked the Fifth Amendment and became unavailable. The court held that the witness had a sufficient basis to assert the privilege and that repeated instructions reminding the jury that attorney statements were not evidence provided a meaningful alternative to mistrial. The court therefore found no abuse of discretion.