Supreme Court of Delaware

A conviction for various offenses including first degree murder is affirmed over claims that the superior court reversibly erred by: 1) denying a motion for judgment of acquittal on the ground that the state failed to prove the victim's cause of death to a reasonable degree of medical certainty; 2) failing to issue curative instructions for improper prosecutorial remarks; 3) precluding a self-defense as a defense to certain counts, and limiting the defenses to those counts to the defense of accidental death; and 4) failing to instruct the jury on lesser included offenses.

Appellate Information

• Decided 02/26/2007
• Published 02/26/2007

Judges

• JACOBS, Justice., Before BERGER, JACOBS and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• David J.J. Facciolo and Bradley V. Manning, Esquires, Office of the Public Defender, Wilmington, Delaware, for Appellant.


• For Appellees:
  
• Timothy J. Donovan, Jr., Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, for Appellee.