Swain v. State

Summary

The Supreme Court of Delaware affirmed Swain's convictions and sentence, holding that escorting his sole defense witness out of the courtroom in front of the jury after the witness testified was not inherently prejudicial. Swain's counsel knew beforehand that the witness would be taken into custody, failed to request an alternative procedure, and later declined the trial court's offer of a curative instruction, thereby waiving the objection.