The Delaware Supreme Court has reversed a Superior Court jury’s conviction of an individual who allegedly molested his daughter’s friend during a sleepover because the trial judge failed to exclude a juror who was discovered to be acquainted with a prosecutor after jury selection was complete. Although the prosecution argued there is no legal support to exercise a peremptory challenge after jury selection is completed, the Supreme Court held that the trial judge failed to conduct a sufficient inquiry into whether the juror could be impartial.
A three-justice panel composed of Chief Justice Myron T. Steele and Justices Randy J. Holland and Henry duPont Ridgely issued the 20-page opinion last month in Schwan v. State.
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