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AYERS v. STATE

Nos. 646, 2013, 667, 2013.

97 A.3d 1037 (2014)

Dashawn AYERS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. Michael E. Demby, Defendant Below, Appellant, v. State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 21, 2014.

Attorney(s) appearing for the Case

Benjamin A. Schwartz, Esquire (argued), Schwartz & Schwartz, Attorneys at Law, P.A., Dover, Delaware for Appellant Dashawn Ayers.

André M. Beauregard, Esquire (argued), Brown, Shiels & Beauregard, LLC, Dover, Delaware for Appellant Michael E. Demby.

Andrew J. Vella, Esquire (argued), Department of Justice, Wilmington, Delaware, for Appellee State of Delaware.

Before STRINE, Chief Justice, BERGER and RIDGELY, Justices.

BERGER, Justice:

In this consolidated appeal we consider, among other things, whether the admission of wiretap recordings in a criminal trial violated appellants' confrontation rights under our state or federal constitutions. Appellants contend that the recordings were "testimonial" because two witnesses explained the meaning of the codes used in the recorded conversations, and appellants were unable to cross-examine the declarants about the coded language. We hold...

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