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KIRKLEY v. STATE

No. 255, 2011.

41 A.3d 372 (2012)

Buckey KIRKLEY, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: April 3, 2012.

Attorney(s) appearing for the Case

Joseph M. Bernstein , Wilmington, Delaware for appellant.

Gregory E. Smith , Department of Justice, Wilmington, Delaware for appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

STEELE, Chief Justice:

A Superior Court jury found Buckey Kirkley guilty of Attempted Robbery First Degree. Kirkley argues on appeal that statements in closing rebuttal argument, asserting that the State brought Attempted Robbery charges because that is exactly what Kirkley did, constitute improper vouching for the State's case. After a de novo review of the record, we find that the prosecutor engaged in misconduct which prejudicially affected Kirkley. Therefore...

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