Trial

Jury trial - Defendant’s presence

—required at arraignment, time of plea, every trial stage, and sentence imposition

• Not required if defendant initially present in some circumstances (e.g., defendant voluntarily absent or persists in disruptive courtroom behavior)

Jury Trial - Right to a Jury Trial

Jury Trial - Waiver

—defendant may waive right in writing with court approval and consent by State

Jury Trial - Compliance

1. Size and unanimity

2. Composition

3. Impartial Jury

Size and unanimity

—generally 12 jurors required (parties may stipulate in writing with court approval to a number less than 12); verdict must be unanimous

Composition - Representative community cross section

—jurors selected at random from fair cross section of county population

Composition - Challenging selection procedures

—(before jury sworn) party may move to dismiss indictment based on substantial failure to comply with statutory procedures; must be made within seven days of discovering grounds for relief

Composition -Peremptory challenges:

• Capital case—State = 12; defendant = 20

• Noncapital case—State = 6; defendant = 6

Impartial jury - Voir dire

—court must conduct or permit examination as reasonably calculated to ascertain juror’s prejudice

Impartial jury - Capital cases

—jurors must be asked if they have formed or expressed any opinion regarding guilt or innocence of defendant:

• Negative response: juror sworn unless challenged or excused

• Affirmative response: juror disqualified unless juror properly gives oath or affirmation (to court’s satisfaction) that juror able to render impartial verdict on law and evidence

Inconsistent verdicts

—generally result from not guilty finding on predicate charge and guilty finding on compound charge; likely does not invalidate conviction

Guilty pleas

—court must address defendant in open court and inform defendant, and ensure defendant’s understanding of, charge specifics (e.g., nature of charge and mandatory minimum and maximum penalties) before accepting guilty or nolo contendere plea

Guilty Plea - Voluntariness

—court must determine if plea is voluntary and not result of force, threats, or promises (excluding plea agreement itself)

Guilty Plea - Procedure (Rule 11)

• Duty—State may offer plea but not required to do so

• Plea bargain—any agreement made with understanding that State’s recommendation or request is not binding on court

• Factual basis—court must determine if there is factual basis for judgment

• Harmless error—any variances in plea entry not affecting substantial rights are disregarded

Motion to withdraw guilty plea

—if made before imposition or suspension of sentence or disposition without entry of judgment of conviction, court may allow plea withdrawal upon defendant showing any fair and just reason

Speedy trial

1. Balancing test—to determine if rights violated, courts look at: (1) delay length, (2) reasons for delay, (3) defendant’s assertion of the right, and (4) prejudice to defendant

2. Unnecessary delay—court can dismiss indictment, information, or complaint

Public trial

1. Presumption—strong presumption that pretrial hearings and trials remain open

2. Test to close courtroom: (1) party seeking closure advances overriding interest likely to be prejudiced, (2) closure is no broader than necessary to protect interest, (3) court considers reasonable alternatives to closure, and (4) court makes findings adequate to support closure

Impartial judge

—judge should disqualify self if impartiality might reasonably be questioned

Right to confrontation - Joinder of defendants

—defendants may be charged in same indictment or information if alleged to have participated in same act or transaction constituting offense

Right to confrontation - Severance (Rule 14)

—if joinder prejudices any party, court may grant severance after considering: (1) problems involving codefendant’s extrajudicial statements, (2) absence of substantial independent competent evidence of movant’s guilt, (3) antagonistic defenses between codefendant and movant, and (4) difficulty segregating State’s evidence between codefendant and movant

Right to confrontation - Confession admission

—in joint trial, admission of codefendant’s confession that incriminates defendant violates Confrontation Clause

Due process

1. Rule: Each element of offense must be proven beyond a reasonable doubt

2. Affirmative defenses—defendant must establish by preponderance of evidence

Due Process - Motions

1. Motion for judgment of acquittal

2. Motion for new trial

Motion for judgment of acquittal

—should be entered if evidence is insufficient to sustain conviction; court may reserve its decision until after jury returns verdict; must generally be made or renewed within seven days after jury discharged

Motion for new trial

—may be granted in interest of justice; if based on newly discovered evidence, motion must be made within two years of final judgment

Sentencing

1. Enhancements

2. Cruel and unusual punishment

3. Motion for correction or reduction of sentence (Rule 35)

Enhancements

—any fact increasing penalty beyond statutory maximum must be submitted to jury and proven beyond reasonable doubt

Cruel and unusual punishment - Sentence proportionality

• Sentence proportionality—DE’s two-part inquiry: (1) threshold comparison of crime committed and imposed sentence for inference of gross proportionality and (2) comparative analysis of sentence with similar cases to determine sentencing norms

Cruel and unusual punishment - Capital punishment

• Capital punishment—any person convicted of first-degree murder before turning 18 may be sentenced to life imprisonment (no probation or parole)

  • DE death penalty statute determined to be unconstitutional and repealed, but death penalty still part of DE Constitution (June 2025)

Motion for correction or reduction of sentence (Rule 35)

—illegal sentence may be corrected at any time; request for reduction must be made within 90 days of sentence imposition