Butler v. State


Oral Argument
04/23/14 – 04/23/14


In this oral argument before the Delaware Supreme Court, the attorney representing Lamonte Butler contended that the trial judge intentionally goaded his client into requesting a mistrial through her deliberate actions which prevented him from proceeding to trial with his first empaneled jury. On May 7, 2012, Mr. Butler was indicted on  Attempted Robbery First Degree and ten other offenses. Later, the State amended the lead to Robbery First Degree. Because a retrial would violate principles of double jeopardy, Mr. Butler filed a Motion to Dismiss which was denied. Both parties filed a Motion to Recuse which was denied. After Mr. Butler's second trial, he was convicted of all but  one weapon offense. Subsequently, he was sentenced to 11 years in jail followed by probation.


The judgment of the Superior Court was reversed.


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