Ramsey v. State, 639, 2009
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.
- Submitted 05/05/2010
- Decided 05/28/2010
- Published 05/28/2010
- JACOBS, Justice., Before HOLLAND, JACOBS and RIDGELY Justices.
- Supreme Court of Delaware
- For Appellant:
- Christopher D. Tease, Esquire, Wilmington, Delaware, for Appellant.
- For Appellees:
- Paul R. Wallace, Esquire, Department of Justice, Wilmington, Delaware, for Appellee.