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Supreme Court of Delaware


Kelly v. State, 610, 2008

In a prosecution for assault in a correctional facility, wherein the defendant claimed self-defense alleging that the complaining witness was going to rape him and sought to introduce evidence that the witness was serving time for rape, defendant's conviction on the charge is reversed where the trial court's ruling limiting cross-examination of the complaining witness impermissibly restricted appellant's defense.

Appellate Information

  • Decided 08/27/2009
  • Published 08/27/2009

Judges

  • BERGER, Justice., Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

Court

  • Supreme Court of Delaware

Counsel

  • For Appellant:
  • Michael C. Heyden, Esquire, (argued), Wilmington, Delaware, for Appellant.

  • For Appellees:
  • Elizabeth R. McFarlan, Esquire, (argued) Department of Justice, Wilmington, Delaware, for Appellee.
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