Supreme Court of Delaware

In mandamus proceedings brought by the state arising from an evidentiary ruling during an ongoing capital murder trial, the state's petition is denied where it failed to demonstrate that it had a clear legal right to require the trial judge to preclude defense attorneys from presenting evidence that would support a guilty but mentally ill verdict when the defendant himself was adamant about his factual innocence.

Appellate Information

• Decided 02/21/2007
• Published 02/21/2007

Judges

• HOLLAND, Justice:, Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Loren C. Meyers, and Paul R. Wallace, Department of Justice, Wilmington, DE, for the State of Delaware., Charles M. Oberly, III, and Karen V. Sullivan, Oberly, Jennings & Rhodunda, P.A., Wilmington, DE, for Judge Jerome O. Herlihy.


• For Appellees:
  
• J. Brendan O'Neill, Kevin J. O'Connell, Bernard J. O'Donnell, and Nicole M. Walker, Assistant Public Defenders, Wilmington, DE, for Defendant James E. Cooke.