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McNALLY v. STATE

No. 183, 2008.

980 A.2d 364 (2009)

Troy McNALLY, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 18, 2009.

Amended: September 28, 2009.

Attorney(s) appearing for the Case

Kevin M. Howard, Young, Malmberg & Howard, P.A., Dover, DE, for appellant.

John Williams, Department of Justice, Dover, DE, for appellee.

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

STEELE, Chief Justice:

Troy McNally appeals his conviction in the Superior Court of Reckless Endangering First degree (4 counts), Possession of a Firearm During the Commission of a Felony (4 counts), and Criminal Mischief (1 count). McNally challenges the trial judge's jury instruction on reasonable doubt; the trial judge's decision to permit the State's ballistic expert to testify alleging that so doing violated McNally's right to confrontation and D.R.E. 702; and...

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