Supreme Court of Delaware
Alfred Lewis, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee
May 12, 20112011 Del. LEXIS 245
Summary
The court held that the trial judge abused his discretion by sending all four recorded section 3507 statements into the jury room for unlimited use during deliberations. The parties had agreed that the statements would not be sent to the jury, and the jury had neither requested their replay nor identified continuing problems with the recordings. Because the recorded statements supplied all of the evidence implicating Lewis in the shooting, the resulting undue emphasis was not harmless beyond a reasonable doubt, requiring reversal and a new trial.