Steven W. Schwan, Below v. State of Delaware, Below

Summary

The court held that Schwan was denied his Sixth Amendment right to an impartial jury because the trial judge failed to adequately investigate Juror 11's relationship with a non-trial prosecutor and conflicting accounts about whether the relationship had been disclosed. Because the record did not establish that Juror 11 could render a fair and impartial verdict, the court reversed Schwan's convictions and remanded for a new trial.