Jeffrey Phillips, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee — Strine, J., Concurring

Summary

The concurrence agreed that the Superior Court did not abuse its discretion in denying a mistrial after a witness disclosed his participation in witness protection. It reasoned, however, that the disclosure created a substantial risk of prejudice that a curative instruction could not realistically eliminate, and that affirmance was justified only because the evidence was overwhelming and the case was not close. The concurrence also criticized the prosecution and defense for failing to handle the witness-protection and severance issues more carefully.