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SMALL v. STATE

Nos. 369, 2011, 397, 2011.

51 A.3d 452 (2012)

Leslie SMALL, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 11, 2012.

Attorney(s) appearing for the Case

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

Paul R. Wallace (argued) and Abby Adams , 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:

Leslie D. Small appeals his convictions of two counts of First Degree Murder, three counts of Possession of a Deadly Weapon During the Commission of a Felony, First Degree Robbery, and Second Degree Burglary. The trial judge sentenced Small to death. Small makes two arguments on appeal. First, Small argues that the judge violated his Fifth Amendment right to remain silent by allowing testimony that Small refused to discuss the crime during his...

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