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BANTHER v. STATE

No. 100, 2008.

977 A.2d 870 (2009)

Bruce BANTHER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 29, 2009.

Attorney(s) appearing for the Case

Kevin M. Howard, Esquire, Dover, Delaware, and Edward C. Gill, Esquire (argued), Georgetown, Delaware, for appellant.

Stephen R. Welch, Jr., Esquire (argued), Stephen E. Smith, Esquire, and John Williams, Esquire, Department of Justice, Dover, Delaware, for appellee.

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

HOLLAND, Justice.

This is the defendant-appellant Bruce Banther's direct appeal of his 2008 convictions and sentence for Murder in the First Degree1 and Possession of a Deadly Weapon During the Commission of a Felony.2 In Banther's first jury trial, completed in October 1998, Banther was acquitted of Conspiracy in the First Degree,3 but convicted of Murder in the First Degree,

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