Supreme Court of Delaware

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Dabney v. State of Delaware, 120, 2007

Conviction for second-degree rape is reversed and remanded where: 1) the state alone caused unnecessary and prejudicial delay in the case going to trial by its preference to have DNA analysis available when it may have been unnecessary for all but one of the pending charges, which did not outweigh the prejudice to a defendant imprisoned for over a year because he lacked the wherewithal to post bail; and 2) thus, the state impermissibly violated defendant's right to a speedy trial.

Appellate Information

  • Decided 03/10/2008
  • Published 03/10/2008

Judges

  • STEELE, Chief Justice., Before STEELE, Chief Justice, BERGER and JACOBS, Justices.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Nicole M. Walker (argued) and Gerald M. Spadaccini, Office of the Public Defender, Wilmington, Delaware for appellant.

  • For Appellees:
  • James T. Wakley, Department of Justice, Wilmington, Delaware for appellee.
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