Trala v. Delaware
Annotate this CaseAppellant-defendant John Trala was convicted by jury of driving under the influence. Trala contended the trial court erred in denying his motion for a mistrial after the State, in its rebuttal argument, asserted that defense counsel’s lack of evidentiary objections to certain witness testimony relating to Trala’s blood chemical analysis suggested that defense counsel had acknowledged the reliability of that incriminating evidence. He also claimed he was denied a fair trial because the prosecutor, in a rebuttal remark, expressed her favorable personal opinion as to the credibility of the arresting officer who was a key witness for the State. The Delaware Supreme Court determined the jury specifically found two independent theories of liability to support the same DUI charge. In light of that dual holding, which the Court found was supported by overwhelming evidence, any error arising from the prosecutor's misconduct was harmless. The Court therefore affirmed appellant's conviction.
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