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COLES v. STATE

No. 310, 2007.

959 A.2d 18 (2008)

David COLES, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 15, 2008.

Attorney(s) appearing for the Case

James J. Haley, Jr., Esquire, of Ferrara, Haley & Collins, Wilmington, DE, for Appellant.

James T. Wakley, Esquire, Department of Justice, Wilmington, DE for Appellee.

Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices.

JACOBS, Justice.

David Coles ("Coles"), the defendant below, appeals from a Superior Court final judgment of conviction. Coles was charged with Murder in the First Degree and two weapons offenses. A jury found Coles guilty of the lesser-included offense of Murder in the Second Degree, and also of the two weapons offenses. On appeal, Coles claims that the Superior Court abused its discretion by: (1) refusing to issue a bench warrant to compel the appearance of a "material...

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