Scott Dougherty, Defendant Below-Appellant v. State of Delaware, Plaintiff Below-Appellee

Summary

The Supreme Court of Delaware affirmed Dougherty’s conspiracy conviction, holding that the trial judge did not commit plain error by failing to give a specific unanimity instruction requiring jurors to agree on the particular overt act supporting the conspiracy. Because defense counsel did not request the instruction and authorities were conflicting, the omission was not clearly prejudicial to Dougherty’s substantial rights. The Court noted that Dougherty could pursue ineffective-assistance claims in a postconviction proceeding, but did not decide them.