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ANDREWS v. STATE

No. 408,2006.

930 A.2d 846 (2007)

Joshua ANDREWS, Defendant Below, Appellant v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 2, 2007.

Attorney(s) appearing for the Case

Dean C. Johnson, Office of the Public Defender, Georgetown, DE, for appellant.

James T. Wakley, Department of Justice, Wilmington, DE, for appellee.

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

STEELE, Chief Justice:

Defendant-appellant Joshua Andrews1 appeals his convictions for terroristic threatening and committing a hate crime. Andrews presents two arguments on appeal.

First, Andrews argues that the trial judge erred when he held that the "true threat" doctrine subsumed in First Amendment law only applies to political speech and, therefore, does not protect Andrews from conviction under Delaware's terrorist threatening...

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