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PLOOF v. STATE

Nos. 420,2003, 464,2003.

856 A.2d 539 (2004)

Gary PLOOF, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 11, 2004.

Attorney(s) appearing for the Case

Bernard J. O'Donnell, Sandra Dean (argued), and Sheryl Rush-Milstead, Office of the Public Defender, Wilmington, Delaware. Attorney for Appellant.

Kim E. Ayvazian, John Williams (argued), Robert J. O'Neill, Jr., and Marie O'Connor Graham, Department of Justice, Dover, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and HARTNETT, constituting the court en banc.

STEELE, Chief Justice.

A jury convicted Gary Ploof of Murder in the First Degree for killing his wife and a Superior Court judge sentenced him to death. Ploof raises five arguments in this direct appeal. His most compelling argument, one of first impression in Delaware, involves claims of procedural and substantive constitutional defects in Delaware's sentencing scheme resulting from the trial judge's refusal to bifurcate Ploof's penalty hearing. After carefully reviewing...

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