Ewelina Mrozik Kulowiec, Below v. State of Delaware, Below

Summary

The court affirmed the conviction for third-degree assault, holding that the evidence was sufficient to establish beyond a reasonable doubt that the victim suffered a physical injury. The court concluded that the admitted repeated biting, together with medical records documenting tenderness, bruising, abrasions, redness, inflammation, and swelling, exceeded the threshold for a physical injury. Because the issue was not preserved at trial, the court reviewed it for plain error.