Supreme Court of Delaware

Tucker v. State

January 23, 2025

Summary

The Court affirmed Tucker’s conviction for continuous sexual abuse of a child but reversed his three unlawful-sexual-contact convictions. It held that repeated errors in the indictment, including misstated statutory age elements and the late substitution of a different offense, cumulatively prejudiced Tucker’s substantial rights and required reversal of those counts. The Court rejected Tucker’s challenge to the jury instruction concerning exact dates and times because the instruction correctly stated the law and separately required proof of the victim’s age.