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JACKSON v. STATE

No. 622,2008.

21 A.3d 27 (2011)

Robert W. JACKSON, III, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 17, 2011.

Corrected: May 23, 2011.

Reargument Denied June 17, 2011.

Attorney(s) appearing for the Case

Thomas A. Foley and John S. Malik , Wilmington, Delaware; Billy H. Nolas (argued), pro hac vice, Philadelphia, Pennsylvania for appellant.

Elizabeth R. McFarlan (argued) and Gregory E. Smith , Department of Justice, Wilmington, Delaware for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS, Justices and NOBLE, Vice Chancellor.

STEELE, Chief Justice.

In March 1993, a jury convicted Robert Jackson of first degree murder. In October 1995, after a second penalty hearing, the trial judge sentenced Jackson to death. This appeal follows a Superior Court judge's denial of Jackson's second Motion for Postconviction Relief. Jackson argues that sidebar commentary his attorney made to the trial judge during a pretrial hearing created an unlawful "appearance of impropriety," violated his due process...

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