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BRADSHAW v. STATE

No. 345, 2001.

806 A.2d 131 (2002)

Terrence BRADSHAW, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: June 13, 2002.

Attorney(s) appearing for the Case

Robert M. Goff, Jr., Office of the Public Defender, Wilmington, Delaware, for appellant.

Thomas E. Brown, Department of Justice, Wilmington, Delaware, for appellee.

BEFORE: VEASEY, Chief Justice, HOLLAND and STEELE, Justices.

VEASEY, Chief J.

In this appeal from the Superior Court we consider whether there was plain error when the defendant was absent from the courtroom both at the time his counsel, without authority, agreed to allow the trial court to give an Allen charge1 to a deadlocked jury and also when the charge was actually given. We hold that the absence of the defendant was a violation of the right...

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