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MANLEY v. STATE

Nos. 75/82,2006, 76/86,2006.

918 A.2d 321 (2007)

Michael R. MANLEY, Defendant Below-Appellant, v. STATE of Delaware Plaintiff Below, Appellee. David Stevenson, Defendant Below-Appellant, v. State of Delaware Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: January 3, 2007.

Attorney(s) appearing for the Case

Joseph M. Bernstein (argued) and Joseph A. Gabay, Wilmington, DE, for Appellant Michael Manley.

Michael C. Heyden (argued) and Jerome Capone, Wilmington, DE, for Appellant David Stevenson.

Loren C. Myers, Department of Justice, Wilmington, DE, for Appellee.

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

RIDGELY, Justice:

Defendants-Appellants David Stevenson and Michael R. Manley appeal their sentences of death ordered by the Superior Court after a penalty hearing for the murder of a witness to be called against Stevenson in a criminal trial. Stevenson presents two arguments on appeal. First, Stevenson argues that the trial court committed an error of law by instructing the jury on accomplice liability at the penalty phase of the proceeding. Second, Stevenson asserts...

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