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ASHLEY v. STATE

No. 116/134, 1999.

798 A.2d 1019 (2002)

Robert E. ASHLEY, Defendant Below, Appellant, v. The STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: March 13, 2002.

Reargument Denied June 12, 2002.

Attorney(s) appearing for the Case

Robert Ashley, pro se (argued), Smyrna, Delaware; Standby Counsel: Michael W. Modica, Esquire (argued), Wilmington, Delaware, for Appellant.

Loren C. Meyers, Esquire, Timothy J. Donovan, Jr., Esquire, Paul Wallace, Esquire (argued), Thomas E. Brown, Esquire, and Elizabeth R. McFarlan, Esquire, Deputy Attorneys General, Department of Justice, Wilmington, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, and STEELE, Justices, and HARTNETT, Justice (Retired), constituting the Court en Banc.

PER CURIAM.

In this appeal from a death sentence following convictions for Murder in the First Degree and Possession of a Deadly Weapon During the Commission of a Felony, we consider whether a spectator's outburst, which was made in the presence of the jury immediately after the defense's closing argument in the guilt phase necessitated the granting of the defendant's motion for a mistrial. The spectator's outburst in this...

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