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WILKERSON v. STATE

No. 311, 2007.

953 A.2d 152 (2008)

James WILKERSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 8, 2008.

Attorney(s) appearing for the Case

Ronald G. Poliquin, Young, Malmberg & Howard, P.A., Dover, Delaware, for appellant.

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

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

STEELE, Chief Justice:

Appellant James Wilkerson appeals his conviction for Second Degree Assault1 arising from the death of his two year old nephew, Derrick Lowe, Jr. Wilkerson argues that a Superior Court judge erred when he did not allow the defense to cross examine Derrick's mother, Laura Frank, about a specific incident observed by independent witnesses, in which she assaulted Derrick. The incident occurred two months before Wilkerson...

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