Leslie Small, Below v. State of Delaware, Below

Summary

The court held that testimony that Small refused to discuss the crime during a mental evaluation was, at most, harmless error because the testimony explained the information available to the expert and Small had already confessed. The court also held that the prosecutor’s repeated characterization of mitigating circumstances as “excuses” and efforts to shift blame constituted plain error that jeopardized the fairness and integrity of the penalty hearing. The court reversed the death sentence and remanded for a new penalty hearing.