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STATE v. COHEN

604 A.2d 846 (1992)

STATE of Delaware, Plaintiff, v. Charles M. COHEN, Defendant. STATE of Delaware, Plaintiff, v. James Allen RED DOG, Defendant. STATE of Delaware, Plaintiff, v. Robert Allen GATTIS, Defendant. STATE of Delaware, Plaintiff, v. Joseph SHIELDS, Jr., Defendant. STATE of Delaware, Plaintiff, v. Jermaine WRIGHT; Lorinzo Dixon, Defendants. STATE of Delaware, Plaintiff, v. Meri-Ya M. BAKER; Bryon S. Dickerson, Defendants. STATE of Delaware, Plaintiff, v. Henry L. De JESUS, Defendant.

Supreme Court of Delaware.

Decided: February 14, 1992.

Attorney(s) appearing for the Case

Richard E. Fairbanks, Jr. (argued), and Loren C. Meyers, Dept. of Justice, Wilmington, for plaintiff.

Nancy Jane Perillo (argued), J. Dallas Winslow, Edward C. Pankowski, Jr., John H. McDonald, Richard M. Baumeister, Raymond J. Otlowski, Brian J. Bartley (argued), and Bernard J. O'Donnell, Office of Public Defender, Wilmington, Jeffrey K. Bartels (argued), and John Willard, Bartels and Willard, Wilmington, for defendants.

Bruce M. Stargatt and Bruce L. Silverstein, Young, Conaway, Stargatt & Taylor, Wilmington, for amicus curiae, ACLU, in support of defendants' arguments.

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

MOORE, Justice.

Defendants await trial for first-degree murder, and the State intends to seek the death penalty as to each of them. Issues concerning the construction and constitutionality of Delaware's death penalty statute, as modified by 68 Del.Laws Ch. 181 (codified at 11 Del.C. § 4209) (the "new law"),1 are presented in these questions certified to us by the Superior Court under...

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