- Plaintiff
- Szubielski, Gerard
- Represented By:
- Koyste, Christopher (Koyste, Christopher S, Law Office of)
In this oral argument before the Delaware Supreme Court, appellant Gerard E. Szubielski asserted that his conviction of Assault First Degree should be overturned and a new trial should be granted due to the improper burden shifting amounting to prosecutorial misconduct. On May 25 , 2006, police attempted to pull Mr. Szubielskis vehicle over as it matched the description of a car reportedly used in another crime. Mr. Szubielski fled from the pursuing officer into a construction zone, lost control of his vehicle, hit Ron Cirillo, a flagger for the construction site, and then attempted to flee the scene on foot. On January 1, 2007, a jury found Mr. Szubielski guilty of Assault in the First Degree. On March 2, 2007, the court granted the State's motion, declaring Mr. Szubielski a habitual offender and sentencing him to life imprisonment.
The judgment of the Superior Court was affirmed.
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