Opinion
Supreme Court No. 425, 2004.
Submitted: December 20, 2005.
Decided: March 14, 2006.
Superior Court I.D. 0309013358.
DECISION UPON REMAND
This matter has been remanded to this Court to answer questions related to the admissibility of the evidence derived from the State's use of defendant Cole's statement in investigating the charges ultimately lodged against him.
The facts underlying this remand are set forth in the Supreme Court's decision and in the suppression decision issued on April 21, 2004. In sum, defendant Donald Cole ("Cole") was indicted with two others: Travanion Norton and Larry Johnson, on charges of murder arising from a double murder on 23rd Street in Wilmington, Delaware. Ballistics linked the 23rd Street crime with an attempted murder that occurred on Lancaster Avenue, in Wilmington, Delaware, nine days before the 23rd Street murders. The State charged Cole and Elwood Hunter ("Hunter" or "Sticky") in the Lancaster Avenue crime. The trial of that case was underway when the statement in question was
Cole v. State, 2005 WL 2805562 (Del.Supr.)
State v. Cole and Johnson, Del. Super., I.D. Nos. 0309013358, 0309013375, Del. Pesco, J. (Apr. 21, 2004) (Mem. Op.)