Sergio I. Gomez, Defendant Below-Appellant v. State of Delaware, Plaintiff Below-Appellee

Summary

The Supreme Court of Delaware reversed Gomez’s rape convictions because the jury heard inadmissible testimony suggesting that he had committed a similar sexual offense against another niece, creating an impermissible propensity inference that could not be cured by instruction. The court held that a mistrial was required and remanded for a new trial. It also provided guidance concerning the foundation for admitting the child’s recorded interview, the oath requirement for interpreters, and the need for a demonstrated substantial need before granting special accommodations to a child witness.