RUSSELL v. STATE

No. 688, 2009.

5 A.3d 622 (2010)

Eric RUSSELL, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 27, 2010.

Corrected: September 29, 2010.


Attorney(s) appearing for the Case

Santino Ceccotti (argued) and Nicole M. Walker , Office of the Public Defender, Wilmington, Delaware for appellant.

Timothy J. Donovan, Jr. , Department of Justice, Wilmington, Delaware for appellee.

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


STEELE, Chief Justice:

The State charged Eric Russell with several serious sexual offenses against his girlfriend's four year old daughter. At trial, the judge allowed into evidence a pretrial out of court statement the girl made to her mother and a videotaped interview with the girl. The jury convicted Russell. On appeal, Russell disputes the admissibility of the statements. Because Russell never fairly presented his appellate argument at trial, we cannot consider...

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