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RICHARDSON v. STATE

Nos. 761, 2010, 774, 2010.

43 A.3d 906 (2012)

Earnest A. RICHARDSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 10, 2012.

Revised: May 14, 2012.

Attorney(s) appearing for the Case

Nicole M. Walker, Esquire , (argued), Office of the Public Defender, Wilmington, Delaware, for Appellant.

Paul R. Wallace, Esquire , (argued), Timothy J. Donovan, Jr., Esquire and Elizabeth A. Powers, Esquire , Department of Justice, Wilmington, Delaware, for Appellee.

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

BERGER, Justice:

In this appeal we again consider the use of out-of-court statements in criminal prosecutions. By statute, such statements may be used as affirmative evidence if a proper foundation is laid, and the witness is subject to cross-examination at the trial. But only the witness's statement is admissible—not the interviewer's explanations or opinions. In a trilogy of opinions issued in 2010, this Court addressed "recurring problems" with the admission...

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