Supreme Court of Delaware

Dechanta Knox, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

October 7, 20112011 Del. LEXIS 543

Summary

The court held that a juror who was simultaneously an alleged crime victim represented by the Attorney General's Office could not be presumed capable of impartial service when the trial judge failed to investigate that relationship. Because the trial judge relied solely on an out-of-court deposition and did not conduct an in-court inquiry into the juror's impartiality, the error was plain despite defense counsel's failure to object. The judgment was reversed and remanded for a new trial.