Hardy v. State, (Del. Supr., Dec. 9, 2008), read opinion here. Why, one might ask, is a criminal decision on this business litigation blog? This decision is relevant to this blog to the extent it demonstrates how the Delaware Supreme Court polices, on appeal, the conduct of lawyers at trial, in connection with its consideration of trial issues during appellate review. In this case, despite what would be despicable acts if found to be true, Delaware’s High Court reversed a criminal conviction for rape because the prosecutor’s statements interfered with one of the important aspects of a trial– namely, a fair, truth-seeking process.