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RED DOG v. STATE

625 A.2d 245 (1993)

James Allen RED DOG, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 28, 1993.

Rehearing Denied June 21, 1993.

Attorney(s) appearing for the Case

Bartholomew J. Dalton (argued), Brandt & Dalton, P.A., Wilmington, for Lawrence M. Sullivan, Public Defender of the State.

Dennis L. Schrader (argued), Wilson, Halbrook & Bayard, Georgetown, for Brian J. Bartley, Asst. Public Defender.

Jeffrey M. Weiner (argued), Wilmington, for Bernard J. O'Donnell, Asst. Public Defender.

Jeffrey S. Goddess (argued), Rosenthal, Monhait, Gross & Goddess, Wilmington, for Edward C. Pankowski, Jr., Asst. Public Defender.

Edmund D. Lyons (argued), Aerenson, Ferrara and Lyons, Wilmington, for Nancy J. Perillo, Asst. Public Defender.

Richard E. Poole (argued), Joanne Ceballos and Gayle P. Lafferty, Wilmington, court-appointed amicus curiae.

Victor F. Battaglia and Robert D. Goldberg, Wilmington, amicus curiae for Delaware State Bar Ass'n.

James A. Erisman and Kevin J. O'Connell, Wilmington, amicus curiae for Delaware Trial Lawyers Ass'n.

Lawrence A. Hamermesh, Richard H. Morse and Norman L. Pernick, Wilmington, amicus curiae for American Civil Liberties Union of Delaware, Inc.

Before VEASEY, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ., constituting the Court

PER CURIAM:

In Red Dog v. State, Del.Supr., 620 A.2d 848 (1993), this Court affirmed a decision of the Superior Court which denied a stay of execution in a capital case. Therein, we held "that in the absence of a genuine issue of material fact as to Red Dog's present mental competency, the public defenders had no standing to file ... a motion to stay his execution in derogation of...

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