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MARINE v. STATE

624 A.2d 1181 (1993)

Frederick M. MARINE, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Rehearing En Banc: October 3, 1990.

Resubmitted Following Supplemental Briefing: October 29, 1991.

Decision En Banc (Remanded): May 15, 1992.

Resubmitted Following Oral Argument on Return from Remand: January 12, 1993.

Decided: April 14, 1993.

Order Denying Reargument May 14, 1993.

Attorney(s) appearing for the Case

Bernard J. O'Donnell (argued), and Brian J. Bartley, Asst. Public Defenders, Wilmington, for appellant.

Richard E. Fairbanks, Jr., Chief of Appeals Div. (argued), and Stephen M. Walther, Deputy Atty. Gen., Dept. of Justice, Wilmington, for appellee.

Before HORSEY, MOORE, WALSH and HOLLAND, JJ., and ALLEN, Chancellor, constituting the Court En Banc.

Decision En Banc (Remanded) (Marine I): May 15, 1992.

HORSEY, Justice:

This case is again before us on return from remand to Superior Court, following this Court's decision and mandate in Marine v. State, Del.Supr., 607 A.2d 1185 (1992) (hereafter "Marine I".) In Marine I, decided May 15, 1992, we vacated the judgment of the Superior Court for the purpose of...

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