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WHALEN v. STATE

492 A.2d 552 (1985)

Frank Cole WHALEN, Jr., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: April 12, 1985.

Attorney(s) appearing for the Case

Nancy Jane Mullen (argued), J. Dallas Winslow, Jr., Patricia C. Hannigan, Asst. Public Defenders, Wilmington, for appellant.

Kevin O'Brien (argued), Deputy Atty. Gen., Wilmington; James E. Liguori, former Deputy Atty. Gen., Dover, for appellee.

Before HERRMANN, C.J., McNEILLY, HORSEY, MOORE and CHRISTIE, JJ., constituting the Court en Banc.

MOORE, Justice:

Frank C. Whalen was convicted of Murder First Degree, Rape First Degree and Burglary First Degree. He was sentenced to die. On appeal this Court affirmed his convictions, but reversed the death sentence and remanded the case for a new penalty hearing. Whalen v. State, Del. Supr., 434 A.2d 1346 (1981) cert. denied, 455 U.S. 910, 102 S.Ct. 1258, 71 L.Ed.2d 449...

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