McCrary v. Delaware
Annotate this CaseDefendant-appellant Timothy McCrary appealed his convictions on four counts of Unlawful Sexual Contact in the First Degree. At the time of the commission of the offenses, defendant was an aide at Harrington Head Start Preschool (“Head Start”). The four convictions involved three of the preschool students. He raised three claims: (1) the trial court erred in admitting two, prior, out-of-court statements of one of the victims under 13 Del. C. § 3513 thereby denying him his right to confront the witnesses against him in violation of the Sixth Amendment to the United States Constitution; (2) the trial court abused its discretion by admitting another victim’s prior, out- of-court statement under 11 Del. C. § 3507 because the State failed to lay a proper foundation for the statement’s admission; and (3) the prejudicial effect of the errors deprived him of a fair trial. Finding no reversible error, the Delaware Supreme Court affirmed defendant's convictions.
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