Kelly v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES KELLY, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 417, 2002 Court Below: Superior Court of the State of Delaware in and for New Castle County Cr.A. No. IN01101902 I.D. No. 0109014489 Submitted: January 28, 2003 Decided: March 31, 2003 Before VEASEY, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 31st day of March, 2003, on consideration of the briefs of the parties, it appears to the Court that: 1) James Kelly appeals his conviction, following a jury trial, of felony theft. Kelly argues that the trial court erred in denying his motion to exclude evidence that: i) he was delinquent in paying child support; ii) he owed money to several people; and iii) shortly before the alleged theft, he had promoted an unsuccessful hair show. 2) The trial court conducted an appropriate Getz1 analysis and determined that the evidence was admissible to establish motive. We find that the trial court acted well within its discretion and affirm for the reasons stated by the trial court in its ruling. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice 1 Getz v. State, 538 A.2d 726 (Del. 1988). 2

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