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HARRIS v. STATE

No. 270, 2009.

991 A.2d 1135 (2010)

Mark T. HARRIS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: April 6, 2010.

Attorney(s) appearing for the Case

Thomas D. Donovan, Donovan & Hopkins, LLC, Dover, DE, for appellant.

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

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

STEELE, Chief Justice, BERGER, and JACOBS, Justices for the Majority:

Dover police officers detained Mark Harris 165 feet from the Bibleway Church, and then found a plastic "baggie" containing marijuana in his mouth. Harris asserts that the trial judge erroneously denied his motions for judgment of acquittal of Tampering with Evidence, and of Possession of a Controlled Substance within 300 feet of a Church. Because the police...

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