Vincent Armstrong v. State Delaware

(1) The appellant, Vincent Armstrong ("Armstrong"), was convicted following a jury trial in the superior Court of five counts of burglary (second degree) and five counts of theft. In this appeal, he contends that the trial court erred in not granting a mistrial after a States witness, on cross-examination, gave a nonresponsive, unsolicited opinion which implied that Armstrong was guilty of offenses for which he was not on trial and that defense counsel was personally aware of Armstrongs guilt. He argues that nothing less than the declaration of a mistrial will protect his right to a fair trial as guaranteed by the due process clause of the Fifth and Fourteenth Amendments of the United States Constitution and Article I, Section 7 of the Delaware Constitution.