Turner v. State, 5 A.3d 612 (Del. 2010). · Go Syfert
Turner v. State, 5 A.3d 612 (Del. 2010). Cases Citing This Book View Copy Cite
“we generally decline to review contentions not raised below and not fairly presented to the trial court for decision. this court may excuse a waiver, however, if it finds that the trial court committed plain error requiring review in the interests of justice.”
75 citation events (75 in the last 25 years) across 3 distinct courts.
Strongest positive: Parisi v. State (del, 2015-11-12) · Strongest negative: Shawe v. Elting (del, 2017-02-13)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited "but see" Shawe v. Elting (2×)
Del. · 2017 · signal: but see · confidence high
But see Turner v. State, 5 A.3d 612 (Del. 2010) (interests of justice required the Court to review whether the trial judge left the courtroom before the defense finished closing argument because, if true, the trial judge’s behavior would have “jeopardize[d] the fairness and integrity of the trial process.”) (quoting Wainright, 504 A.2d at 1100)). 61 Smith, 47 A.3d at 479 (quoting Wainwright v. State, 504 A.2d 1096, 1100 (Del. 1986)). 29 substantial right, or which clearly show manifest injustice.”62 As one learned treatise states: It is axiomatic that an appellate court will generally …
examined Cited as authority (verbatim quote) Parisi v. State
Del. · 2015 · quote attribution · 1 verbatim quote · confidence high
we generally decline to review contentions not raised below and not fairly presented to the trial court for decision. this court may excuse a waiver, however, if it finds that the trial court committed plain error requiring review in the interests of justice.
discussed Cited as authority (rule) John Paul Mac Isaac v. Politico LLC
Del. · 2025 · confidence medium
State Univ., 47 A.3d 472, 479 (Del. 2012) (quoting Turner v. State, 5 A.3d 612, 615 (Del. 2010)) (noting that “this Court may excuse waiver if it finds that the trial court committed plain error requiring review in the interests of justice.”). 39 require[.]”114 This exception to Rule 8 is “very narrow” and “extremely limited[,]”115 reserved for instances where “the trial court made a plain error that had the effect of depriving [the appellant] of a substantial right or clearly shows a manifest injustice.”116 Here, the belatedly framed argument was not fairly presented to the …
discussed Cited as authority (rule) Jewell v. State
Del. · 2025 · confidence medium
Ct. R. 8). 105 Hastings, 289 A.3d at 1270 (quoting Lowther v. State, 104 A.3d 840, 845 (Del. 2014)). 106 Id. (quoting Buckham v. State, 185 A.3d 1 , 19–20 (Del. 2018)). 107 Turner v. State, 5 A.3d 612, 615 (Del. 2010). 40 (1) Fear physical injury to himself or herself or that of another person; or (2) Suffer other significant mental anguish or distress that may, but does not necessarily, require medical or other professional treatment or counseling.108 A “course of conduct” is defined as: 3 or more separate incidents, including, but not limited to, acts in which the person directly, indi…
cited Cited as authority (rule) Brisco v. State
Del. · 2025 · confidence medium
BY THE COURT: /s/ Gary F. Traynor Justice 51 Hoskins, 102 A.3d at 735 (quoting Turner v. State, 5 A.3d 612, 615 (Del. 2010)); see also Cooke, 2025 WL 16395 , at *41. 21
discussed Cited as authority (rule) Jones v. State
Del. · 2025 · confidence medium
Ct. R. 8; Wainwright v. State, 504 A.2d 1096, 1100 (Del. 1986) (“. . . the general rule is that evidentiary questions may not be raised for the first time on appeal.”); Turner v. State, 5 A.3d 612, 615 (Del. 2010) (this court may excuse a waiver if it finds that the trial court committed plain error “requiring review in the interests of justice”). 5 the issue because—as the Superior Court explained—the undisputed record shows that trial counsel made a strategic decision not to seek severance, and that tactical choice is not one that required the court to conduct an evidentiary hear…
discussed Cited as authority (rule) Hale v. State
Del. · 2024 · confidence medium
And because a general-unanimity instruction was not provided, Hale claims that this case is distinguishable from the “typical claim” based on the absence of a specific-unanimity instruction.5 (9) Because Hale did not object to the absence of a general-unanimity instruction or request a specific-unanimity instruction, we review his claim for plain error.6 “Under the plain error standard of review, the error complained of must be so clearly prejudicial to substantive rights as to jeopardize the fairness and integrity of the trial process.”7 (10) “A general unanimity instruction is requ…
discussed Cited as authority (rule) Burrell v. State
Del. · 2024 · confidence medium
Second, Burrell argues that the redaction of the shooter’s name hampered his ability to present a defense because it gave him less information with which to impeach Church.103 The State argues that Burrell agreed to the redactions, 101 See supra Section III(A)(1)(a). 102 See supra Section III(A)(1)(a)–(c). 103 App. to Opening Br. at A30. 24 defense counsel was able to impeach Church or clarify the shooter’s identity if he felt it was necessary to do so, and the shooter’s name was not material to impeaching Church.104 We review a trial court’s decision on the admissibility of evidence…
discussed Cited as authority (rule) Wing v. State
Del. · 2024 · confidence medium
In the absence of plain error, we will not consider claims that were not fairly presented to and considered by the trial court. 42 Plain error is error so clearly prejudicial to substantial rights as to jeopardize the fairness and integrity of the proceedings.43 38 App. to Opening Br. at A224. 39 Opening Br. at 39. 40 See Turner v. State, 5 A.3d 612, 615 (Del. 2010) (reviewing the Superior Court’s admission of an out-of-court statement under § 3507 for abuse of discretion); Thompson v. State, 399 A.2d 194 , 198–99 (Del. 1979) (“A decision whether to admit testimony under particular circ…
cited Cited as authority (rule) Protech Minerals, Inc. v. Dugout Team, LLC
Del. · 2022 · confidence medium
State Univ., 47 A.3d 472, 479 (Del. 2012). 64 Turner v. State, 5 A.3d 612, 615 (Del. 2010). 15 because of the contractarian nature of this State would eviscerate Rule 8 in the contract context.
discussed Cited as authority (rule) Pollard v. State
Del. · 2022 · confidence medium
Sup. Ct. R. 8; and then citing Jenkins v. State, 305 A.2d 610 (Del. 1973)). 39 Turner v. State, 5 A.3d 612, 615 (Del. 2010) (citing Del.
discussed Cited as authority (rule) Reed v. State
Del. · 2021 · confidence medium
“We generally decline to review contentions not raised below and not fairly presented to the trial court for decision.” Turner v. State, 5 A.3d 612, 615 (Del. 2010) (citing Del.
cited Cited as authority (rule) State v. Ray
Del. Super. Ct. · 2021 · confidence medium
Ct. R. 8; Hoskins, 102 A.3d at 728 . 76 Hoskins, 102 A.3d at 735 (quoting Turner v. State, 5 A.3d 612, 615 (Del. 2010)). 29 CONCLUSION Defendant is not entitled to postconviction relief.
cited Cited as authority (rule) Waples v. State
Del. · 2021 · confidence medium
He was prescribed medication, primarily for his ADHD and later for his depression. 22 Turner v. State, 5 A.3d 612, 615 (Del. 2010) .
discussed Cited as authority (rule) Goodman v. State
Del. · 2020 · confidence medium
At that point, the witness had been appointed other conflict counsel.4 The court then denied the motion to withdraw, finding that no conflict of representation existed.5 (7) This Court generally declines to review contentions that have not been raised below or fairly presented to the trial court.6 However, there is an exception to this general rule when the Court finds that the trial court committed plain error.7 Under the doctrine of plain error, the Court is “limited to material defects which are apparent on the face of the record; which are basic, serious and fundamental in their characte…
cited Cited as authority (rule) Raniford v. State
Del. · 2016 · confidence medium
If the voluntariness of a witness’s out-of-court 1 Turner v. State, 5 A.3d 612, 615-16 (Del. 2010). 2 State v. Flowers, __ A.3d __, 2016 WL 6196304 , at *4 (Del.
discussed Cited as authority (rule) Allison v. State
Del. · 2016 · confidence medium
Thus, any objections to the form of the indictment are waived.5 Even if not waived, we would review only for plain error.6 Error is plain when it is “so clearly prejudicial to substantial rights as to jeopardize the fairness and integrity of the trial process.”7 Plain errors are “limited to material defects which are apparent on the face of the record; which are basic, serious and fundamental in their character, and which clearly deprive an accused of a substantial right, or which clearly show manifest injustice.”8 “To be plain, the alleged error must affect substantial rights, gener…
discussed Cited as authority (rule) Lolley v. State
Del. · 2016 · confidence medium
This appeal followed. (5) Because Lolley failed to preserve in the Superior Court his objection to the timing of the prayer conference, we review for plain error. 1 “[T]he doctrine of plain error is limited to material defects which are apparent on the face of the record; which are basic, serious and fundamental in their character, and which clearly deprive an accused of a substantial right, or which clearly show manifest injustice.” 2 (6) Lolley argues that it was plain error for the Superior Court to hold the prayer conference after closing arguments, because it did not give his counsel …
discussed Cited as authority (rule) Restrepo-Duque v. State
Del. · 2015 · confidence medium
Ct. R. 8. 17 Restrepo, 2014 WL 1724755 , at *2 (finding there was probable cause even if the affidavit had said that Wolf had been communicating on February 14 with “a number of individuals, including ‘purecolombianblood,’ which a Google search linked to” Restrepo). 18 Id. at *2-3. 19 Blake v. State, 65 A.3d 557, 562 (Del. 2013) (“[T]he doctrine of plain error is limited to material defects which are apparent on the face of the record; which are basic, serious and fundamental in their character, and which clearly deprive an accused of a substantial right, or which clearly show manife…
discussed Cited as authority (rule) Starling v. State (2×)
Del. · 2015 · confidence medium
Hoskins v. State, 102 A.3d 724, 735 (Del. 2014) (quoting Turner v. State, 5 A.3d 612, 615 (Del. 2010)); see also Wright, 91 A.3d at 993-94 (holding that cumulative effect of multiple Brady violations undermined confidence in the fairness of the proceedings such that a new trial was warranted). .
cited Cited as authority (rule) Johnson v. State
Del. · 2015 · confidence medium
Seitz, Jr. Justice 23 Hoskins, 102 A.3d at 735 (quoting Turner v. State, 5 A.3d 612, 615 (Del. 2010)); Wright, 91 A.3d at 993-94 . 24 Super.
discussed Cited as authority (rule) Jones v. State
Del. · 2015 · confidence medium
To find that mistakes at trial qualify as plain error, they must be “so clearly prejudicial to substantial rights as to jeopardize the fairness and integrity of the trial process.” 22 The defects must be plain and clear from the record, and must be of a “basic, serious and fundamental” character such that they deprive the defendant of a fundamental right or reflect manifest injustice. 23 (14) Under the relevant evidentiary rule, potentially prejudicial prior bad act evidence is admissible to show identity and for other legitimate purposes.24 This Court has upheld admission of evidence …
discussed Cited as authority (rule) Turner v. State
Del. · 2015 · confidence medium
The jury was given a general unanimity instruction, which is usually sufficient.6 The Superior Court also reinforced the unanimity requirement when charging the jury on accomplice liability. 7 Finally, unlike Probst, where the jury could have determined guilt based on multiple shooters involved in different incidents involving conceptually different actions, the State in Turner’s case proceeded on a theory that there were two shooters (Turner and Iban Rice) involved with one 3 547 A.2d 114, 119 (Del. 1988). 4 Turner v. State, 5 A.3d 612, 615 (Del. 2010) (citing Wainwright v. State, 504 A.2d …
discussed Cited as authority (rule) Cannon v. State
Del. · 2015 · confidence medium
Ct. R. 3; Wainwright v. State, 504 A.2d 1096, 1100 (Del.l986). '3 Turner v. State, 5 A.3d 612, 615 (Del. 2010) (quoting Wainwright, 504 A.2d at 1100 ). “ Monroe, 652 A.2d at 563 (quoting Robertson v. State, 596 A.2d 1345, 1355 (Del. 1991)). ‘5 Poon v. Stare, 880 A.2d 236, 238 (Del. 2005). lo '7 Robertson, 596 A.2d 1345, 1355 (Del. 1991) (internal quotation marks omitted). 4 (9) “[W]hen considering the guilt of a defendant charged as an accomplice to an armed [crime] ajury must distinguish between whether the defendant shared his partner’s purpose to commit the [crime] with a deadly wea…
discussed Cited as authority (rule) Dordell v. State
Del. · 2015 · confidence medium
C. § 847(a), which provides that “[i]n any prosecution for theft or extortion it is an affirmative defense that the property was appropriated by the actor under a claim of right, made in good faith, to do substantially what the actor did in the manner in which it was done.” 4 The burden of establishing this affirmative defense rests on 2 Dougherty v. State, 21 A.3d 1, 2 (Del. 2011) (quoting Turner v. State, 5 A.3d 612, 615 (Del. 2010)) (holding that the trial court’s failure to give, sua sponte, a specific unanimity jury instruction as to the overt act of a conspiracy charge was not pla…
cited Cited as authority (rule) Wyche v. State
Del. · 2015 · confidence medium
Turner v. State, 5 A.3d 612, 613-15 (Del.2010); Martin v. State, 433 A.2d 1025, 1032-33 (Del.1981); Flonnory, 893 A.2d at 515 . 6 .
cited Cited as authority (rule) Morton v. State
Del. · 2014 · confidence medium
We disagree and conclude that the plain error standard of review is appropriate. 5 Dougherty v. State, 21 A.3d 1, 2 (Del. 2011) (quoting Turner v. State, 5 A.3d 612, 615 (Del. 2010)). 6 Id. 7 11 Del.
discussed Cited as authority (rule) Lowther v. State
Del. · 2014 · confidence medium
Kostyshyn v. State, 51 A.3d 416, 419 (Del. 2012) (citing Probst v. State, 547 A.2d 114, 119 (Del.1988); Dougherty v. State, 21 A.3d 1, 3 (Del.2011)). 26 .Dougherty, 21 A.3d at 3 (quoting Turner v. State, 5 A.3d 612, 615 (Del.2010)). 27 . id. 28 .
examined Cited as authority (rule) State of Delaware v. Howard. (3×)
Del. Super. Ct. · 2014 · confidence medium
Where a defendant fails to request a specific jury instruction, a claim that the trial court erred by not offering the instruction is reviewed for plain error. 45 “Under the plain error standard of review, the error complained of must be so clearly prejudicial to substantial rights as to jeopardize the fairness and integrity of the trial process.” 46 “Furthermore, the doctrine of plain error is limited to material defects which are apparent on the face of the record; which are basic, serious and fundamental in their character, and which clearly deprive an accused of a substantial right, …
cited Cited as authority (rule) Zhurbin v. State
Del. · 2014 · confidence medium
Turner v. State, 5 A.3d 612, 614 (Del.2010). 21 .
discussed Cited as authority (rule) Hoskins v. State (2×)
Del. · 2014 · confidence medium
Banks v. State, 93 A.3d 643, 651 (Del.2014) (quoting Turner v. State, 5 A.3d 612, 615 (Del.2010)) (citing Del.Supr.
cited Cited as authority (rule) Banks v. State
Del. · 2014 · confidence medium
Turner v. State, 5 A.3d 612, 615 (Del.2010).
discussed Cited as authority (rule) Neal v. State (2×)
Del. · 2013 · confidence medium
Hoskins v. State, 14 A.3d 554, 561 (Del.2011) (citing Turner v. State, 5 A.3d 612, 615 (Del.2010)). .
cited Cited as authority (rule) Burns v. State
Del. · 2013 · confidence medium
Turner v. State, 5 A.3d 612, 615 (Del.2010) (quoting Wainwright v. State, 504 A.2d 1096, 1100 (Del.1986)). .
discussed Cited as authority (rule) Blake v. State
Del. · 2013 · confidence medium
Ct. R. 8 ("Only questions fairly presented to the trial court may be presented for review; provided, however, that when the interests of justice so require, the Court may consider and determine any question not so presented.”); Turner v. State, 5 A.3d 612, 615 (Del.2010) (quoting Wainwright v. State, 504 A.2d 1096, 1100 (Del.1986)). .
cited Cited as authority (rule) Kulowiec v. State
Del. · 2013 · confidence medium
Dougherty v. State, 21 A.3d at 3 (quoting Turner v. State, 5 A.3d 612, 615 (Del.2010)). .Harris v. State, 965 A.2d 691 (Del.2009). .
examined Cited as authority (rule) Collins v. State (3×)
Del. · 2012 · confidence medium
Turner v. State, 5 A.3d 612, 616 (Del.2010) (quoting Woodlin v. State, 3 A.3d 1084, 1087 (Del.2010) (internal citations omitted)). .
cited Cited as authority (rule) Smith v. Delaware State University
Del. · 2012 · confidence medium
Turner v. State, 5 A.3d 612, 615 (Del.2010) (quoting Monroe v. State, 652 A.2d 560, 563 (Del. 1995)). .
cited Cited as authority (rule) Clark v. Clark
Del. · 2012 · confidence medium
Id. (citing Wainwright v. State, 504 A.2d 1096, 1100 (Del. 1986)). . 5 A.3d 612, 615 (Del.2010). .
cited Cited as authority (rule) Brown v. State
Del. · 2012 · confidence medium
Turner v. State, 5 A.3d 612, 615 (Del.2010) (citing Del.Supr.
cited Cited as authority (rule) Taylor v. State
Del. · 2011 · confidence medium
Turner v. State, 5 A.3d 612, 615-16 (Del. 2010). .
discussed Cited as authority (rule) Dougherty v. State (2×) also: Cited "see"
Del. · 2011 · confidence medium
R. 30 ("No party may assign as error any portion of the charge or omission therefrom unless that party objects thereto before or at a time set by the court immediately after the jury retires to consider its verdict, stating distinctly the matter to which that party objects and the grounds of the objection.”); Turner v. State, 5 A.3d 612, 615 (Del.2010) (quoting Wainwright v. State, 504 A.2d 1096, 1100 (Del.1986)). 4 .
discussed Cited as authority (rule) Stanley v. State
Del. · 2011 · confidence medium
Ct. R. 8 ("Only questions fairly presented to the trial court may be presented for review; provided, however, that when the interests of justice so require, the Court may consider and determine any question not so presented."); Turner v. State, 5 A.3d 612, 615 (Del.2010) (quoting Wainwright v. State, 504 A.2d 1096, 1100 (Del.1986)). [19] Turner, 5 A.3d at 615 (quoting Wainwright, 504 A.2d at 1100 ). [20] Id. [21] 466 U.S. 648 , 104 S.Ct. 2039 , 80 L.Ed.2d 657 (1984). [22] 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). [23] We have explained that Cronic presumes prejudice in the followi…
examined Cited as authority (rule) Hoskins v. State (3×) also: Cited "see"
Del. · 2011 · confidence medium
Ct. R. 8 ("Only questions fairly presented to the trial court may be presented for review; provided, however, that when the interests of justice so require, the Court may consider and determine any question not so presented.”); Turner v. State, 5 A.3d 612, 615 (Del.2010) (quoting Wainwright v. State, 504 A.2d 1096, 1100 (Del.1986)). 20 .
cited Cited "see" Williams v. State
Del. · 2014 · signal: see · confidence high
See Turner v. State, 5 A.3d 612, 615 (Del. 2010) (quoting Del.
discussed Cited "see, e.g." Broomer v. State
Del. · 2015 · signal: see also · confidence medium
R. 8 (“Only questions fairly presented to the trial court may be presented for review; provided, however, that when the interests of justice so require, the Court may consider and determine any question not so presented.”); see also Williams v. State, 98 A.3d 917, 920 (Del. 2014) (citing Turner v. State, 5 A.3d 612, 615 (Del. 2010)) (“Because [the defendant] failed to raise these claims in the proceeding below, [the defendant] must show plain error to have his conviction overturned on appeal.”). 10 Dougherty v. State, 21 A.3d 1, 3 (Del. 2011) (quotation and citation omitted). 11 Id. (q…
discussed Cited "see, e.g." Williamson v. State
Del. · 2015 · signal: see also · confidence medium
See also Williams v. State, 98 A.3d 917, 920 (Del.2014) (citing Turner v. State, 5 A.3d 612, 615 (Del.2010); Monroe v. State, 652 A.2d 560, 563 (Del.1995)); Gordon v. State, 604 A.2d 1367, 1368 (Del.1992).
Retrieving the full opinion text from the archive…
Emanuel TURNER, Defendant Below-Appellant,
v.
STATE of Delaware, Plaintiff Below-Appellee
194, 2010.
Supreme Court of Delaware.
Oct 11, 2010.
5 A.3d 612
2010 Del. LEXIS 511
2010 WL 3964674
Peter W. Veith, Esquire, Wilmington, Delaware, for the Appellant., Timothy J. Donovan, Jr., Esquire, of the Department of Justice, Wilmington, Delaware, for the Appellee.
Steele, Holland, Ridgely.
Cited by 51 opinions  |  Published
RIDGELY, Justice:

Defendant-Appellant Emanuel Turner appeals from his Superior Court convictions at a bench trial for assault second degree, possession of a firearm during the commission of a felony (“PFDCF”) and possession of a firearm by a person prohibited (“PFPP”). Turner raises two arguments on appeal. First, he contends that his rights to effective assistance of counsel and a fair trial were violated when the Superior Court Judge left the bench during Turner’s closing argument. Second, he contends that the Superior Court improperly admitted the victim’s out-of-court statement under title 11, section 3507 of the Delaware Code. The record does not support Turner’s first argument, which is based upon plain error. Nor did the Superior Court commit reversible error in admitting the section 3507 statement in this case. We find no merit to Turner’s appeal and affirm.

Facts and Procedural History

On January 19, 2009, Thomas Rothwell sustained a gunshot wound to his leg. Thereafter, Wilmington Police arrested Turner. Turner was charged by indictment with assault first degree, PFDCF and PFPP. Turner waived his constitutional right to a jury trial. The Superior Court held a one-day bench trial. On direct examination, Rothwell testified that he did not know who shot him. Rothwell also testified that he did not recall speaking with Detective Stoddard at Christiana Hospital. On cross examination, Rothwell testified that Turner was not the shooter.

After Turner’s counsel concluded his cross-examination of Rothwell, the State moved under section 3507 to admit an out-of-court statement Rothwell made to Detective Stoddard. [1] The Superior Court, over Turner’s objection, allowed Detective Stoddard to testify to Rothwell’s out-of-court statement. The Superior Court explained:

The Court is going to permit the statement to be presented. I have to decide whether it is voluntary based on the statement anyway. So I am going to be compressing that step with my conclusions as to whether or not it is reliable, and whether or not I give it credit, or give it weight. I don’t think this is a situation any different from a situation where a defendant, or a witness cannot[*615] recall a statement that may have been made, and, therefore, I am going to allow it.

On direct examination, Detective Stod-dard testified that, during a preliminary interview at Christiana Hospital, Rothwell told him that Turner was the shooter. Immediately after Detective Stoddard testified, the Superior Court granted the State’s motion to admit the testimony under section 3507. Rothwell then returned to the witness stand, where he was subject to cross, redirect and recross examinations.

During Turner’s closing arguments, Turner’s counsel and the Superior Court Judge discussed the admission of Detective Stoddard’s testimony. The Superior Court returned after a short recess and found Turner guilty of assault second degree, PFDCF and PFPP. On March 19, 2010, the Superior Court sentenced Turner to 11 years imprisonment. This appeal followed.

No Plain Error

Turner contends that his rights to effective assistance of counsel and a fair trial were violated when the Superior Court Judge left the bench during Turner’s closing argument in violation of Delaware Superior Court Rule 29.1. Turner failed to raise this contention below. We generally decline to review contentions not raised below and not fairly presented to the trial court for decision. [2] “This Court may excuse a waiver, however, if it finds that the trial court committed plain error requiring review in the interests of justice.” [3] “Under the plain error standard of review, the error complained of must be so clearly prejudicial to substantial rights as to jeopardize the fairness and integrity of the trial process.” [4] “Furthermore, the doctrine of plain error is limited to material defects which are apparent on the face of the record; which are basic, serious and fundamental in their character, and which clearly deprive an accused of a substantial right, or which clearly show manifest injustice.” [5]

Delaware Superior Court Rule 29.1 provides: “After the closing of evidence the prosecution shall open the argument. The defense shall be permitted to reply. The prosecution shall then be permitted to reply in rebuttal.” Contrary to Turner’s contention, it is not apparent on the face of the record that the Superior Court Judge left the bench during counsel’s closing argument. [6] Rather, the record reflects a significant dialogue between Turner’s counsel and the Superior Court Judge. Turner’s counsel appeared to have concluded his closing argument with the statement, “Well, I guess I don’t have anything else to argue, Your Honor.” Because Turner has not demonstrated that the Superi- or Court committed plain error, we find no merit to Turner’s first argument.

Adequate Section 3507 Foundation

Turner next contends that the Superior Court improperly admitted Roth-well’s out-of-court statement under section 3507. We review the Superior Court’s admission of an out-of-court statement for[*616] abuse of discretion. [7] Section 3507 provides:

(a) In a criminal prosecution, the voluntary out-of-court prior statement of a witness who is present and subject to cross-examination may be used as affirmative evidence with substantive independent testimonial value.
(b) The rule in subsection (a) of this section shall apply regardless of whether the witness’ in-court testimony is consistent with the prior statement or not. The rule shall likewise apply with or without a showing of surprise by the introducing party.

In Woodlin v. State, 3 A.3d 1084, 1087(Del.2010), this Court explained the foundational requirements of section 3507 (citations omitted):

The basic procedure for admitting a statement under section 3507 was first announced ... in Keys v. State [337 A.2d 18 (Del.1975) ]. In [Keys ], we held: “In order to offer the out-of-court statement of a witness, the Statute requires [that] the direct examination of the declarant ... [touch on] both the events perceived or heard and the out-of-court statement itself.” Three weeks later, we supplemented Keys in Hatcher v. State [337 A.2d 30 (Del.1975) ], where we addressed another foundational requirement for the admission of a witness’ statement pursuant to section 3507—voluntariness.... In Ray v. State [587 A.2d 439 (Del.1991)], we also explained (and cited Johnson) in holding in order to conform to the Sixth Amendment’s guarantee of an accused’s right to confront witnesses against him, the declarant must also be subject to cross-examination on the content of the statement as well as its truthfulness. [8]

In Johnson v. State, 338 A.2d 124, 127 (Del.1975), this Court discussed the problem of incomplete and inconsistent testimony:

[T]he draftsmen of the Statute expressly contemplated that the in-court testimony might be inconsistent with the prior out-of-court statement. One of the problems to which the Statute is obviously directed is the turncoat witness who cannot recall events on the witness stand after having previously described them out-of-court. We conclude that there is nothing in the Statute or its intent which prohibits the admission of the statements on the basis of limited courtroom recall.

In Smith v. State, 669 A.2d 1, 8 (Del.1995), this Court explained that the “statement must be offered into evidence no later than at the conclusion of the direct examination of the declarant.” This Court also noted that the “offering party should be allowed as much flexibility as the statute permits,” but “the statement cannot be timed so as to place any strategic burden on the non-offering party.” [9]

Here, the State satisfied the foundational requirements that this Court recently reaffirmed in Woodlin. 10 First, the State presented the direct examination of Rothwell as to both the events perceived and the out-of-court statement itself. [11] Although Rothwell denied making the statement to Detective Stoddard, the Superior Court properly determined that section 3507 is appropriate to apply to the testimo[*617] ny of a turncoat witness. [12] Second, the Superior Court determined that Rothwell’s statement was voluntary. [13] Finally, although Rothwell’s statement was offered after the conclusion of the direct examination of Rothwell, it did not place a strategic burden on Turner because Turner’s counsel only asked Rothwell four brief questions on cross-examination before the State moved under section 3507 and Roth-well was subsequently subject to cross and recross examinations. [14]

Smith v. State Applies to Bench Trials

We note that the Superior Court did not comply with the timing requirements of section 3507 which this Court has explained in Smith. Absent a stipulation of the parties accepted by the trial court, the timing requirements of Smith apply to jury and bench trials alike. Nevertheless, Turner has not shown prejudice in this case. Because the failure to adhere to the timing requirements under Smith was harmless error in this ease, Turner’s convictions must be affirmed. [15]

Conclusion

The judgment of the Superior Court is AFFIRMED.

1

. Turner’s counsel only asked Rothwell four brief questions before the State moved under section 3507.

2

. Del. Sup.Ct. R. 8; Wainwright v. State, 504 A.2d 1096, 1100 (Del.1986); Jenkins v. State, 305 A.2d 610 (Del. 1973).

3

. Del. Sup.Ct. R. 8; Monroe v. State, 652 A.2d 560, 563 (Del. 1995).

4

. Wainwright, 504 A.2d at 1100; Dutton v. State, 452 A.2d 127, 146 (Del.1982).

5

. Wainwright, 504 A.2d at 1100; Bromwell v. State, 427 A.2d 884, 893 n. 12 (Del. 1981).

6

.See id.

7

. Dailey v. State, 956 A.2d 1191, 1194 (Del. 2008); Flonnory v. State, 893 A.2d 507, 515 (Del.2006).

8

. See also Stevens v. State, 3 A.3d 1070 (Del. 2010); Blake v. State, 3 A.3d 1077 (Del.2010).

9

. Smith, 669 A.2d at 8.

11

. See "Woodlin, 3 A.3d at 1086-87.

12

. See Johnson v. State, 338 A.2d at 127.

13

. See Woodlin, 3 A.3d at 1087-88.

14

. See Smith, 669 A.2d at 8.

15

.See, e.g., Jackson v. State, 643 A.2d 1360, 1368-69 (Del. 1994) (holding that technical noncompliance with the foundational requirements of section 3507 was harmless error).