Supreme Court of Delaware

Ushery v. State

September 8, 2025

Summary

The Court affirmed Ushery’s convictions, holding that the trial court’s jury admonishments and handling of an alternate juror’s questions did not constitute plain error or otherwise require reversal. Although the trial court should have repeated its no-discussion and no-research admonition after lunch on the first trial day, the existing instructions did not justify presuming juror misconduct or prejudice. The Court also held that Juror 15’s questions provided no sufficient basis to require additional voir dire, removal, or reversal based on the juror’s hearing issue.