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WARRINGTON v. STATE

Nos. 72, 2002, 74, 2002.

840 A.2d 590 (2003)

Robert W. WARRINGTON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. Andrew Warrington, Defendant Below, Appellant, v. State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 13, 2003.

Attorney(s) appearing for the Case

Thomas D.H. Barnett, Georgetown, Delaware, for Appellant Robert Warrington.

Karl Haller, Office of the Public Defender, Georgetown, for Appellant Andrew Warrington.

Kim Ayvazian, Department of Justice, Georgetown, for Appellee.

Before HOLLAND, BERGER, and STEELE Justices.

BERGER, Justice:

At issue in this criminal appeal is the scope of the self-defense within a dwelling defense. Defendants below argue for reversal of their first degree murder convictions on the basis that the defense, once triggered, endures even after the intruder no longer poses a threat. We disagree. The relevant statute requires that the defendant have a reasonable belief that the intruder will injure someone within the dwelling. That reasonable belief must exist...

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