Supreme Court of Delaware

Defendant's Attempted First Degree Robbery conviction is reversed where the "party autonomy" rule, which placed the burden on the parties to decide whether a lesser-included offense should be considered by the jury, also applied to bench trials, and thus the superior court's consideration of the lesser-included offense of Attempted First Degree Robbery infringed upon the parties' autonomy.

Appellate Information

• Decided 05/28/2010
• Published 05/28/2010

Judges

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

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Christopher D. Tease, Esquire, Wilmington, Delaware, for Appellant.


• For Appellees:
  
• Paul R. Wallace, Esquire, Department of Justice, Wilmington, Delaware, for Appellee.