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State Courts -
Delaware - February 16 - February 20, 2007
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Smith v. State, No. 43, 2006,
SUPREME COURT OF DELAWARE, February 16, 2007, Decided
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Overview: The record supported finding a mildly mentally retarded juvenile's competency to stand trial, under Del. Code Ann. tit. 11, § 404(a), and that finding was not unreasonable, but he did not knowingly waive Miranda rights when he made a statement to police, because of his mental deficits and the fact that his mother was not with him in his interview.
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Watson v. State, No. 541, 2006,
SUPREME COURT OF DELAWARE, February 20, 2007, Decided
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Overview: A summary denial of an inmate's third postconviction relief motion was proper under Del. Super. Ct. R. Crim. P. 61(i), as it was not timely filed, it was repetitive, there was no cause and prejudice shown for relief from the procedural default as to claims not previously raised, and no legitimate basis shown for excusing the procedural bars.
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