Legal Opinion

Benge v. State

Supreme Court of Delaware

Decided January 25, 2008No. 262, 2007PublishedCited by 13 opinions

1Opinion of the Court

HOLLAND, Justice.

The defendant-appellant, John H. Benge, Jr., filed an appeal from the Superior Court’s May 2, 2007 order denying his motion for postconviction relief pursuant to Superior Court Criminal Rule 61 and for correction of an illegal sentence pursuant to Superior Court Criminal Rule 35(a). We find no merit to the appeal. Accordingly, we affirm.

Facts

In August 2003, Benge was found guilty by a Superior Court jury of Assault in the Second Degree, Offensive Touching, and Criminal Trespass in the First Degree. The convictions were affirmed on direct appeal. 1 Three charges that had been…

2Cases cited6 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Harris v. United StatesSupreme Court of the United States · 2002
  3. Downer v. StateSupreme Court of Delaware · 1988
  4. United States v. Keene Courtney QueensboroughCourt of Appeals for the Third Circuit · 2000
  5. Benge v. StateSupreme Court of Delaware · 2004

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Brown v. StateSupreme Court of Delaware · 2015
  2. State v. ParkerSupreme Court of Connecticut · 2010
  3. Benge v. StateSupreme Court of Delaware · 2009
  4. CELATKA v. StateSupreme Court of Delaware · 2010
  5. Evans v. PierceDistrict Court, D. Delaware · 2015

8 more not listed; retrieve them via the Exa API.

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