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TAYLOR v. STATE

No. 434, 2010.

23 A.3d 851 (2011)

Allen TAYLOR, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: June 22, 2011.

Reargument Denied July 20, 2011.

Attorney(s) appearing for the Case

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

Maria T. Knoll, Esquire (argued), and Gregory E. Smith, 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, among other issues, whether a witness's out-of-court statement was voluntary, and therefore admissible under 11 Del. C. § 3507. For the first two hours after he was taken into custody, the witness denied any knowledge of the murder under investigation. The interrogating officer then handcuffed the witness to his chair leg and (falsely) told the witness he was going to be arrested....

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