Ferguson v. State, 313

• Decision Date: 05 March 1996
• Docket Number: 1995,No. 313,313
• Citation: 676 A.2d 902
• Parties: Cornelius FERGUSON, a/k/a Abdullah Tanzil Hameen, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. . Submitted:
• Court: Supreme Court of Delaware

Page 902

676 A.2d 902

Cornelius FERGUSON, a/k/a Abdullah Tanzil Hameen, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

No. 313, 1995.

Supreme Court of Delaware.

Submitted: March 5, 1996.

Decided: March 28, 1996.

Rehearing Denied April 24, 1996.

Court Below--Superior Court of the State of Delaware, in and for New Castle County, Cr.A. Nos. IN91-10-0576R1 thru IN91-10-0581R1.

Superior Court, New Castle County, 1995 WL 413269.

AFFIRMED.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT, and BERGER, JJ. (constituting the Court en Banc).

ORDER

HOLLAND, Justice.

This 28th day of March, 1996, the Court having considered this matter after oral argument and on the briefs filed by the parties, and having concluded that the same should be affirmed on the basis of and for the reasons assigned by the Superior Court in its opinion dated April 7, 1995.

NOW, THEREFORE, IT IS HEREBY ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. This matter is REMANDED to the Superior Court.

This Court's Order of August 31, 1995, staying the execution of Cornelius Ferguson's death sentence shall terminate upon the issuance of this Court's mandate. The Clerk of this Court is directed to cause a copy of this Order to be hand-delivered forthwith to the attorneys for the parties and to the Commissioner of the Department of Correction.