WASHINGTON v. STATE

No. 384, 2009.

4 A.3d 375 (2010)

Martel D. WASHINGTON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: June 8, 2010.

Revised: June 8, 2010.


Attorney(s) appearing for the Case

Jan A.T. van Amerongen, Jr., Esquire , Jan A.T. van Amerongen LLC, Wilmington, Delaware, for Appellant.

Susan Dwyer Riley, Esquire , Department of Justice, Wilmington, Delaware, for Appellee.

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


BERGER, Justice, for the majority:

In this criminal appeal we consider whether the trial court should have granted appellant's motion for judgment of acquittal based on conflicts in the State's evidence. In most cases, inconsistencies in the evidence are resolved by the jury. Here, however, the State's two relevant witnesses gave irreconcilably different accounts of material facts. Most significantly, the victim testified that two men pulled her into an alley and...

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