JOHNSON v. STATE


410 A.2d 1014 (1980)

Larry L. JOHNSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided January 4, 1980.


Attorney(s) appearing for the Case

Nancy Jane Mullen, Asst. Public Defender, Wilmington, for defendant below, appellant.

James A. Natalie, Jr., Deputy Atty. Gen., Wilmington, for plaintiff below, appellee.

Before McNEILLY, QUILLEN and HORSEY, JJ.


McNEILLY, Justice:

Defendant appeals the denial of post conviction relief under Superior Court Criminal Rule 35(a) contending that the Trial Judge abused his discretion because: (1) counsel was denied production of a written statement, made by a material witness to the police prior to trial, inconsistent with the witness' trial testimony, in violation of due process as enunciated in United States v. Agurs, 427 U.S. 97, 96 S.Ct...

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