GARDEN v. STATE

No. 125, 2001, 162, 2001.

815 A.2d 327 (2003)

Sadiki GARDEN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: January 24, 2003.


Attorney(s) appearing for the Case

Bernard J. O'Donnell (argued), Brian J. Bartley, Timothy J. Weiler, and Nicole M. Walker, Assistant Public Defenders, Office of the Public Defender, Wilmington, for Appellant.

Loren C. Meyers, Chief of Appeals Division, Timothy J. Donovan, Jr. (argued), Thomas E. Brown, Elizabeth R. McFarlan, and Caroline Lee Cross, Deputy Attorneys General, Department of Justice, Wilmington, for Appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER, and STEELE, Justices, constituting the Court En Banc.


WALSH, Justice:

This is a direct appeal from the Superior Court's imposition of a sentence of death upon the appellant, Sadiki Garden ("Garden"). Garden challenges his convictions on various procedural and evidentiary grounds but also asserts that the trial judge erred in overriding the jury's recommendation in the weighing phase of the punishment determination. While we find no error in the guilt phase, we conclude that...

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