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eBook details

• Title: Burns v. State
• Author : In the Supreme Court of the State of Delaware
• Release Date : January 17, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

(1) Defendant-Appellant Robert Burns appeals his Superior Court conviction of three counts of rape second degree, two counts of unlawful sexual contact second degree and one count of continuous sex abuse of a child. Burns initially raised three arguments on appeal. First, he contended that the trial court abused its discretion when it refused to declare a mistrial following certain inappropriate testimony. Second, he contended that the trial court erred when it refused to conduct an in camera review of the complainants statements made in therapy regarding the facts underlying the charges. Third, he contended that the trial court erred when it refused to provide the jury, upon defense request, a copy of each complainants statement to the Child Advocacy Center. In an earlier Opinion, we concluded that the Superior Court did not abuse its discretion either in denying Burns mistrial motion or in refusing to provide the jury access to the victims video-taped statements we found, however that the trial court erred in denying Burns request for an in camera review of the victims therapist records and remanded. Burns now appeals from the Superior Courts Report of July 6, 2009 addressing, on remand, its in camera review of the alleged victims therapy records. Burns contends that in determining that those records contained no information that would probably have changed the outcome of the trial, the trial court failed adequately to respond to our order. We find no merit in Burnss argument and affirm.

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