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State Courts -
Delaware - February 2 - February 3, 2004
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Padilla v. State, No. 76, 2003,
SUPREME COURT OF DELAWARE, February 3, 2004, Decided , February 3, 2004, Filed
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Overview: Because defendant's retrial was not in the interests of justice, the appropriate relief was the entry of a nolle prosequi in the trial court pursuant to Del. Super. Ct. R. Crim. P.48(a); defendant would receive the relief sought on appeal and be placed in the position he would have been had his motion to dismiss following a mistrial been granted.
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State v. Hammons, ID No. 9809019760, Cr. A. No. IN98-10-0243R1, IN98-10-0251R1, IN98-12-1139R1,
SUPERIOR COURT OF DELAWARE, NEW CASTLE, February 3, 2004, Decided
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Overview: Motion for expansion of record was denied as defendant failed to adequately substantiate reason he needed material requested; defendant neither established, not was able to support, a claim of potential prejudice due to trial counsel's performance.
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