(Download) "State Delaware v. Dale Robinson" by New Castle County Superior Court of Delaware " eBook PDF Kindle ePub Free
eBook details
- Title: State Delaware v. Dale Robinson
- Author : New Castle County Superior Court of Delaware
- Release Date : January 05, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Defendant has been indicted for an alleged violation of 11 Del.C. 1254(a), assault in a detention facility. By pretrial motions,
Defendant has challenged the legality of the procedures whereby his indicting Grand Jury was selected as well as the manner
in which the prosecution has proceeded thus far in the case. Specifically, Defendant claims that the Plan of the Superior
Court of New Castle County for the random selection of grand and petit jurors (hereinafter referred to as the "Plan"), adopted
pursuant to 10 Del.C. 4501 et seq. and effective September 13, 1976, is not adequately designed to achieve the objectives
of § 4501 and § 4503 and does not comply with § 4504(b)(2). Therefore, according to Defendant,
the instant indictment must be dismissed. As for the second motion, Defendant alleges that because his prosecution was initiated
by an indictment and warrant under Criminal Procedure Rule 9, he was deprived of the right to a preliminary hearing which
is afforded by Rules 5 and 5.1 to defendants whose prosecutions are initiated by an arrest. Defendant claims that the creation
of a class of defendants who are not afforded a preliminary hearing violates his equal protection rights under the federal
and Delaware Constitutions. As a result of these alleged violations, Defendant argues that either his indictment should be
dismissed or, in the alternative, he should be granted a post-indictment preliminary hearing. Having fully considered the
briefs and contentions of counsel at oral argument, the Court is now prepared to rule on the pending motions. I
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