Erin Lowther, Defendant-Below, Appellant v. State of Delaware, Plaintiff-Below, Appellee

Summary

The Supreme Court of Delaware affirmed Lowther’s convictions for second-degree assault and terroristic threatening. It held that the evidence, viewed favorably to the State, permitted a rational jury to find that Lowther subjectively intended to threaten Trisha, even though Lowther was handcuffed and did not intend or have the immediate ability to carry out the threat. The court also held that the unobjected-to jury instructions, read as a whole, were reasonably informative and did not constitute plain error.