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EVANS v. STATE

No. 67,2004.

872 A.2d 539 (2005)

Ward T. EVANS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: April 11, 2005.

Reargument Denied April 22, 2005.

Attorney(s) appearing for the Case

James Brendan O'Neill, Esquire, Bernard J. O'Donnell, Esquire and James D. Nutter, Esquire, Assistant Public Defenders, Wilmington, Delaware, for appellant.

Loren C. Meyers, Esquire, Gregory E. Smith, Esquire and Kim E. Ayvazian, Esquire, Department of Justice, Wilmington, Delaware, for appellee.

Thomas J. Allingham, II, Esquire, Skadden, Arps, Slate, Meagher & Flom, Wilmington, Delaware, amicus curiae.1

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and HARTNETT, Justices, constituting the Court en Banc.

PER CURIAM.

This is an appeal from a final judgment of the Superior Court. In an opinion issued by this Court on November 23, 2004, that judgment was reversed. As a matter of Delaware law, however, our prior decision in this proceeding did not become final.

During the pendency of this appeal, House Bill No. 313 was enacted by the General Assembly and signed into law by the Governor, although...

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