Kirkley v. State

STEELE, Chief Justice:

A Superior Court jury found Buckey Kirkley guilty of Attempted Robbery First Degree. Kirkley argues on appeal that statements in closing rebuttal argument, asserting that the State brought Attempted Robbery charges because that is exactly what Kirkley did, constitute improper vouching for the State’s case. After a de novo review of the record, we find that the prosecutor engaged in misconduct which prejudicially affected Kirkley. Therefore, we REVERSE and REMAND.

I. FACTUAL HISTORY

On February 21, 2010, Buckey Kirkley entered the Super Fresh supermarket in New Castle,…