Hudson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE BARRY L. HUDSON, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § No. 583, 2000 § § Court Below: Superior Court § of the State of Delaware in and § for Sussex County § Cr. ID #00030538 § § Submitted: August 7, 2001 Decided: August 9, 2001 Before WALSH, HOLLAND, and BERGER, Justices. ORDER This 9th day of August 2001, upon consideration of the briefs of the parties, we conclude that the Superior Court did not abuse its discretion in admitting other crimes evidence in the State s case-in-chief under the standards set forth in Getz v. State, Del. Supr., 538 A.2d 726 (1988). We further conclude that because the defendant did not lodge an objection to the court s limiting instruction, review of that claim is subject to a plain error standard of review. See Wainwright v. State, Del. Supr., 504 A.2d 1096 (1986). We find no plain error in the instruction given in this case. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice 2

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