Supreme Court of Delaware

Smith, Cedric v. State

May 22, 2025

Summary

The Court affirmed the denial of Smith’s motion for a new trial and his conviction for second-degree rape. It held that the challenged supplemental instruction was not an Allen charge because it merely denied a request for an ex parte discussion and directed the jury to continue deliberating without encouraging a verdict. The Court therefore did not reach whether the instruction satisfied the coercion factors applicable to Allen charges.