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STATE v. FERGUSON

Cr. A. Nos. IN91-10-0576, 0578-0581.

642 A.2d 1267 (1992)

STATE of Delaware v. Cornelius E. FERGUSON, Defendant.

Superior Court of Delaware, New Castle County.

Date Decided: November 13, 1992.

Attorney(s) appearing for the Case

Charles E. Butler and Michael F. McTaggart, Deputy Attys. Gen., Dept. of Justice, Wilmington, for the State.

Edmund M. Hillis and James A. Bayard, Jr., Asst. Public Defenders, Wilmington, for defendant.

OPINION

GEBELEIN, Judge.

Pending before the Court is a motion in limine relating to whether the defendant may present evidence about the disposition of the case against his co-defendant during the penalty phase of this capital murder trial. Specifically, defendant contends that the fact that his co-defendant received a fifteen year prison sentence for his role in this crime as a result of a plea bargain, is mitigating evidence

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