DAILEY v. STATE

No. 425, 2007.

956 A.2d 1191 (2008)

Shawn A. DAILEY, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 2, 2008.


Attorney(s) appearing for the Case

David J.J. Facciolo and Bernard J. O'Donnell (argued), Office of the Public Defender, Wilmington, Delaware for appellant.

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

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


STEELE, Chief Justice.

A Superior Court jury convicted Shawn Dailey, defendant-appellant, of three counts of first degree rape. Dailey makes three arguments on appeal. First, he argues that a Superior Court judge should have excluded the complaining witness's videotaped statement because the State failed to lay the proper foundation for its admission under 11 Del. C. § 3507. Second, Dailey contends that the trial judge chilled Dailey's right to testify...

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