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FRANKS v. STATE

398 A.2d 783 (1979)

Jerome FRANKS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided January 31, 1979.

Attorney(s) appearing for the Case

Dean C. Johnson, Dover, for defendant below, appellant.

Harrison F. Turner, Deputy Atty. Gen., Dover, for plaintiff below, appellee.

Before HERRMANN, C. J., DUFFY and McNEILLY, JJ.

McNEILLY, Justice:

The United States Supreme Court, reversing a decision of this Court, has held that a defendant in a criminal proceeding has a right to an evidentiary hearing under the Fourth and Fourteenth Amendments, subsequent to the ex parte issuance of a search warrant, to challenge the truthfulness of factual statements made in supporting affidavits if the defendant makes a substantial preliminary showing that...

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