- Plaintiff
- Schwan, Steven
- Represented By:
- O'Donnell, Bernard (Delaware Public Defenders Office)
- Defense
- State of Delaware
- Represented By:
- Williams, John (Delaware Department of Justice)
Schwan v. State
CONCLUDED
Oral Argument
03/13/13 – 03/13/13
Summary
In this oral argument before the Delaware Supreme Court, the attorney representing Steven Schwan sought reversal of Mr. Schwan's conviction and sentence. Mr. Schwan was convicted by the jury of unlawful sexual contact second degree, and by the trial judge of unlawful sexual conduct by a sex offender against a child. The issue on appeal was whether the Superior Court abuse its discretion by not replacing with an alternate juror who had inaccurately responded to the court's voir dire intended to identify potential juror bias about whether she knew a prosecutor in the Department of Justice.
Outcome
Steven Schwan was denied his Sixth Amendment right to a fair trial by an impartial jury. The judgments of the Superior Court were reversed and this matter was remanded for a new trial.
- Plaintiff
- Defense
- Jurisdiction
- Delaware Supreme Court
- Court
- Delaware Supreme Court
- Case Number
- 246,2012
- Industry
- Government, Criminal Case
- Practice Area
- Criminal Law
- Expert Witnesses
- Lay Witnesses
Sessions
PM Session
Oral Arguments
4 Chapters
