DueProcess HabeasCorpus Securities Privacy
Whether Delaware's 11 Del. Crim. C. sec. 773(2) defines three distinct criminal offenses
QUESTION(S) PRESENTED (1) Whether Delaware’s 11 Del. Crim. C. sec. 773(2) as it was written when Petitioner was charged and convicted , define three distinct and separate criminal offenses by specification of distinct elements albeit a violation of the same statute. : If the answer is yes, was the state required to charge each by specification in separate counts in the indictment in order to charge a criminal offense. (2) Can the State of Delaware use the three strike Rule, or a State bar to deny (a) a prisoners application to proceed in forma pauperis; and (b) a hearing on the merits when the error is plain “or” the issue concerns the constitutionality of a statute. i