Curtis White, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The Supreme Court of Delaware held that trial counsel provided ineffective assistance by refusing to request a lesser included offense instruction based on a mistaken understanding of the statutory elements of reckless endangering. The court further held that the trial evidence supported the instruction and that its omission created a reasonable probability of a misdemeanor conviction rather than a felony conviction. The judgment was reversed, the specified convictions were vacated, and the case was remanded for a new trial on those charges.