Richard H. Morse, Esquire , Ryan Tack-Hooper, Esquire , American Civil Liberties Union Foundation of Delaware, Wilmington, Delaware; Brian W. Stull, Esquire , Cassandra Stubbs, Esquire , American Civil Liberties Union Foundation Capital Punishment Project, Durham, North Carolina, Attorneys for Amici Curiae, the American Civil Liberties Union Foundation of Delaware and the American Civil Liberties Union Capital Punishment Project.
Before STRINE, Chief Justice, HOLLAND, VALIHURA, VAUGHN, and SEITZ, Justices, constituting the Court en Banc.
PER CURIAM:
The defendant below-appellant Derrick Powell is appealing the Superior Court's denial of his motion for postconviction relief.1 However, during the pendency of that appeal, Powell moved to vacate his death sentence based on the United States Supreme Court decision in Hurst v. Florida2
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