Szubielski v. State

Summary

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.