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COLE v. STATE

No. 425, 2004.

922 A.2d 364 (2007)

Donald COLE, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: March 12, 2007.

Reargument Denied April 4, 2007.

Attorney(s) appearing for the Case

Jan A.T. van Amerongen, Jr. (argued), and Michael C. Heyden (argued), Wilmington, DE, for appellant.

John R. Williams, Department of Justice, Dover, DE, for appellee.

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

STEELE, Chief Justice, for the Majority:

Pursuant to an agreement he thought he had with the State, the defendant-appellant, Donald Cole, gave a statement to a Deputy Attorney General implicating one of Cole's accomplices to a crime. The police confronted the accomplice with Cole's statement. Cole asserts that the agreement he had reached before making his statement prohibited the State from using the statement for any purpose other than determining whether the State...

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