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SWAN v. STATE

No. 247, 2010.

28 A.3d 362 (2011)

Ralph SWAN, Movant Below-Appellant, v. STATE of Delaware, Respondent Below-Appellee.

Supreme Court of Delaware.

Decided: September 6, 2011.

Reargument Denied September 27, 2011.

Attorney(s) appearing for the Case

Herbert W. Mondros, Esquire , of Margolis Edelstein, Wilmington, Delaware; and Michael Wiseman, Esquire (argued) and Elizabeth Larin, Esquire , of the Federal Community Defender for the Eastern District of Pennsylvania, Philadelphia, Pennsylvania, for Appellant.

John Williams, Esquire (argued), of the Department of Justice, Dover, Delaware, for Appellee.

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

RIDGELY, Justice:

I. Introduction

A jury found that the Movant-Below/Appellant, Ralph Swan, and a co-defendant, Adam Norcross, crashed through the patio doors of the home of the Warren family in Kenton, Delaware in 1996, and shot twenty-seven-year-old Kenneth Warren to death in front of his twenty-four-year-old wife, Tina, and their nineteen-month-old son, Dustin. For that crime, the jury recommended to the trial...

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