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SWANSON v. STATE

No. 564, 2007.

956 A.2d 1242 (2008)

Kenneth SWANSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 16, 2008.

Attorney(s) appearing for the Case

Nicole M. Walker, Esquire (argued) and Bernard J. O'Donnell, Esquire, Office of Public Defender, Wilmington, DE, for Appellant.

Gregory E. Smith, Esquire, Department of Justice, Wilmington, DE, for Appellee.

BERGER, Justice:

In this appeal we consider whether the trial court erred in declaring a mistrial after a defense witness asserted her Fifth Amendment right against self-incrimination. We find that there was no manifest necessity to grant a mistrial. The witness's invocation of her Fifth Amendment right did not preclude all cross-examination, and the right to confront witnesses does not guarantee a complete and successful confrontation. Because the mistrial...

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