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BANTHER v. STATE

No. 45, 2004.

884 A.2d 487 (2005)

Bruce R. BANTHER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 23, 2005.

Reargument Denied October 4, 2005.

Attorney(s) appearing for the Case

Edward C. Gill, Georgetown and Kevin M. Howard (argued), Young, Malmberg & Howard, Dover, for appellant.

John Williams (argued) and Robert J. O'Neill, Jr., Department of Justice, Dover, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, Justices and LAMB, Vice Chancellor, constituting the court en banc.

STEELE, Chief Justice:

In 1998, a jury convicted Bruce R. Banther of first-degree murder and acquitted him of first-degree conspiracy. On appeal, we reversed the murder conviction, and in a retrial, a jury again convicted Banther of first-degree murder. In this appeal from that second conviction, we must decide whether the earlier acquittal on the conspiracy count had double jeopardy implications that collaterally estopped...

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