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State Courts -
Delaware - July 18, 2006
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State v. Banther, ID. No. 9705000270,
SUPERIOR COURT OF DELAWARE, KENT, July 18, 2006, Decided
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Overview: Where murder conviction was reversed and where reviewing court, on grounds of collateral estoppel, curtailed State's ability, upon retrial, to show that defendant and codefendant worked together to kill victim or that defendant aided in planning murder, dismissal was not warranted. Defendant did not show that State's proposed theory was untenable.
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