CLARK v. STATE

No. 651, 2011.

65 A.3d 571 (2013)

Omari E. CLARK, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 2, 2013.


Attorney(s) appearing for the Case

Joseph A. Hurley , Wilmington, Delaware, for appellant.

Gregory E. Smith and Maria T. Knoll (argued), Department of Justice, Wilmington, Delaware, for appellee.

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


STEELE, Chief Justice:

In this appeal from a manslaughter conviction, we consider whether a trial judge improperly commented on the evidence when he instructed the jury and whether a defendant is entitled to a justification jury instruction for a crime that requires a reckless mental state. We reaffirm that jury instructions must be construed as a whole to determine whether a trial judge commented on the evidence and conclude that the trial judge's statements were...

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