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DICKINSON v. STATE

No. 26, 2010.

8 A.3d 1166 (2010)

Joseph DICKINSON, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: December 8, 2010.

Attorney(s) appearing for the Case

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

Paul R. Wallace, 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.

In this criminal appeal, we address the question left undecided in Erskine v. State1—whether the trial court must give a jury instruction on an accomplice's level of liability if there is a basis for such an instruction, but neither party requests it. By statute, accomplice liability must be based on the accomplice's own mental state and accountability for an aggravating factor. Thus, in appropriate circumstances...

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