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CLAUDIO v. STATE

Nos. 213,2008, 206,2008.

958 A.2d 846 (2008)

Carmelo J. CLAUDIO, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. Enrique Maymi, Defendant Below, Appellant, v. State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: October 8, 2008.

Attorney(s) appearing for the Case

James J. Haley, Jr., Ferrara, Haley & Collins, Wilmington, Delaware for defendant below appellant Carmelo J. Claudio.

Andrew W. Gosner and Tanisha L. Merced, Wilmington, Delaware for appellant Maymi.

Paul R. Wallace, Department of Justice, Wilmington, Delaware for appellee.

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

STEELE, Chief Justice.

Enrique Maymi and Carmelo J. Claudio appeal from the Superior Court's denial of their postconviction motions. On appeal, Maymi and Claudio argue that the trial judge improperly instructed the jury on Murder in the First Degree (Felony Murder) in light of our decision in Williams v. State1 and that, therefore, the Superior Court erred by denying their postconviction motions. We conclude that, the jury instruction...

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