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DiDOMENICIS v. STATE

No. 678, 2011.

49 A.3d 1153 (2012)

Vincenzo DiDOMENICIS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 13, 2012.

Attorney(s) appearing for the Case

Bernard J. O'Donnell, Esquire (argued), Office of the Public Defender, Wilmington, Delaware, for Appellant.

Paul R. Wallace, Esquire (argued), and Gregory E. Smith, Esquire Department of Justice, Wilmington, Delaware, for Appellee.

Before HOLLAND, BERGER, JACOBS and RIDGELY, Justices and STRINE, Chancellor, constituting the Court en Banc.

BERGER, Justice:

In this appeal from a driving under the influence (DUI) conviction, we consider whether a prosecutor's misconduct deprived the appellant of a fair trial. The prosecutor's opening statement admonished the jury about the dangers of drunk driving, and the need to protect everyone on the road. In addition, the prosecutor pointed out that people who are arrested for DUI may have been arrested seven times before. The State concedes that the prosecutor's...

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