State v. Shaia, et al.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE STATE OF DELAWARE, Plaintiff Below, Appellant, v. JOSEPH SHAIA, KATHLEEN SHAIA, JAMES VAN LANDINGHAM, WEALTHY VAN LANDINGHAM, MICHAEL L. BOOTH, SHAWN P. WINSTON, Defendants Below, Appellees. § § § Nos. 99 and 169, 2000 § Consolidated § § Court Below: Superior Court § of the State of Delaware in and § for Sussex County § Cr.A. Nos., 99-03-0615, et seq. § § § § § § Submitted: December 5, 2000 Decided: December 19, 2000 Before WALSH, BERGER, and STEELE, Justices. ORDER This 19th day of December 2000, upon consideration of the briefs of the parties and oral argument, the Court concludes that, given our standard of review and the Superior Court s unique advantage in evaluating the responses to juror questioning, we find no abuse of discretion on the part of the Superior Court in the granting of a new trial. Accordingly, the decision of the Superior Court is affirmed. NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice

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