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OLIVER v. STATE

No. 196, 2011.

60 A.3d 1093 (2013)

Tyrell OLIVER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 4, 2013.

Attorney(s) appearing for the Case

Michael R. Abram , Law Office of Michael R. Abram, Georgetown, Delaware for appellant.

Abby Adams and Sean P. Lugg (argued), Department of Justice, Georgetown, Delaware for appellee.

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

STEELE, Chief Justice.

In this appeal, we consider whether a Superior Court judge abused his discretion when he granted defense counsel an overnight continuance to review an additional set of laboratory reports the State's chemist produced while testifying on cross examination. We agree with the Superior Court judge's ruling that the State failed to comply with Superior Court Criminal Rule 16. However, we hold the trial judge abused his discretion by granting defense...

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