CAPANO v. STATE

No. 110/149, 1999.

758 A.2d 499 (2000)

Thomas J. CAPANO, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: March 17, 2000.


Attorney(s) appearing for the Case

Joseph M. Bernstein, Wilmington, Delaware, for appellant.

Ferris W. Wharton, State Prosecutor, Loren C. Meyers, Chief of Appeals Division, Department of Justice, Wilmington, Delaware, for appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND and HARTNETT, Justices, and CHANDLER, Chancellor, constituting the Court en Banc.


VEASEY, Chief Justice, for the majority:

Before this Court is a procedural motion in an appeal pending in a death penalty case. The motion by the defendant-appellant, Thomas J. Capano, is for a limited remand of proceedings to enlarge the record on appeal. The basis of the motion is the contention that an immediate evidentiary hearing is needed for this Court to determine whether the conduct of the trial and subsequent death...

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