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LOLLY v. STATE

611 A.2d 956 (1992)

Ben LOLLY, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 27, 1992.

Rehearing Denied August 27, 1992.

Attorney(s) appearing for the Case

Nancy Jane Perillo (argued), Asst. Public Defender, Office of the Public Defender, Wilmington, for appellant.

Gary A. Myers (argued), Deputy Atty. Gen., Dept. of Justice, Wilmington, for appellee.

Before VEASEY, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ., constituting the Court en banc.

WALSH, Justice:

In this appeal from the Superior Court we again confront the question of the evidentiary effect of the State's failure to collect and/or retain allegedly exculpatory evidence. The State argues that we should abandon the analysis crafted by our rulings in Deberry v. State, Del.Supr., 457 A.2d 744 (1983) and Hammond v. State, Del. Supr., 569 A.2d...

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