Steven Baynum, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee.

Summary

The court held that trial counsel was ineffective for failing to request an offensive-touching instruction as a lesser-included offense of third-degree assault, because the evidence supported the instruction and there was a reasonable probability of a more favorable verdict, including on the burglary charges. The court also held that appellate counsel was not ineffective for failing to challenge the denial of a mistrial based on improper detective testimony because the error was not prejudicial in light of the strength of the evidence, the curative instructions, and the defense's role in opening the subject. The court therefore vacated the first-degree burglary and third-degree assault convictions and remanded for a new trial on those charges while affirming the denial of relief as to the remaining convictions.