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MOORE v. STATE

No. 517,2004.

887 A.2d 466 (2005)

Kevin MOORE, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: November 9, 2005.

Attorney(s) appearing for the Case

Edward C. Gill, of the Law Office of Edward C. Gill, P.A., Georgetown, DE, for Appellant.

John R. Williams, of the Department of Justice, Dover, DE, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en banc.

BERGER, Justice:

In this appeal, we consider whether an abuse victim's statement in a presentence report may be withheld from the defendant. The victim asked that the defendant not be allowed to see her statement because she was afraid of what the defendant would do if he knew that she had cooperated with the State. The Superior Court agreed, and subsequently sentenced the defendant based, in part, on the undisclosed information...

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