Supreme Court of Delaware

Smiley v. State

May 28, 2024

Summary

The Court affirmed Smiley's convictions for three counts of fourth-degree rape. It held that the State's amendments to reduce two charges from third-degree to fourth-degree rape and to narrow the date range of another count were permissible because they charged no new or different offense and did not prejudice Smiley's substantial rights. It also held that the victim's testimony was sufficient for a rational jury to find every element of fourth-degree rape beyond a reasonable doubt.