Supreme Court of Delaware

Michael R. Smith, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

March 30, 20102010 Del. LEXIS 143

Summary

The court held that trial counsel provided ineffective assistance by failing to request a specific jury instruction addressing the credibility of accomplice testimony. Because the alleged accomplice's uncorroborated testimony was central to the State's case and the general credibility instruction was inadequate, Smith established both deficient performance and prejudice. The court reversed the convictions and remanded for a new trial.