Gabino v. State

Summary

The Supreme Court of Delaware affirmed Lara’s conviction for third-degree assault, holding that the prosecutor’s rebuttal comment about when Lara’s account first appeared was permissible commentary on an inconsistency between defense counsel’s opening statement and Lara’s trial testimony. The comment did not invite an adverse inference from Lara’s pretrial silence or improperly intrude into the attorney-client relationship. No separate opinions were filed.