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STATE v. CLAYTON

No. 519,2009.

988 A.2d 935 (2010)

STATE of Delaware, Plaintiff Below, Appellant, v. Randolph CLAYTON, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 23, 2010.

Attorney(s) appearing for the Case

Paul R. Wallace, Esquire (argued) and Susan Dwyer Riley, Esquire, Department of Justice, Wilmington, Delaware, for appellant.

Nicole M. Walker, Esquire, Office of the Public Defender, Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court

HOLLAND, Justice.

The defendant-appellee, Randolph Clayton ("Clayton"), has been charged by indictment with Possession of a Firearm by a Person Prohibited1 and is currently pending trial. The State's theory of the case is that Clayton, who was prohibited from possessing a deadly weapon, was in constructive possession of one or more handguns.

Pursuant to article IV, section 11(8) of the Delaware Constitution and Supreme Court Rule...

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