Schwan v. Delaware

Defendant-appellant Steven Schwan directly appealed his conviction to the Supreme Court after a jury convicted him of two counts of Unlawful Sexual Contact in the Second Degree, and a bench trial resulted in an additional conviction for Unlawful Sexual Conduct by a Sex Offender Against a Child. Defendant argued that the trial judge committed reversible error by not excluding, for cause, a juror who was acquainted with a prosecutor, although that same prosecutor was not involved in Defendant's case. Upon review, the Supreme Court concluded that the trial judge erred by failing to exclude the juror, in the absence of a determination that the juror could render a fair and impartial verdict. The Court reversed and remanded the case for a new trial. View "Schwan v. Delaware" on Justia Law