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State v. Robert

Superior Court of Delaware, Kent

January 18, 2018

STATE OF DELAWARE,
v.
DAYMIEN J. ROBERT AVERY MAXWELL TERRANCE STOKES Defendants.

          Heard: January 16, 2018

         Upon the State's Motion to Sever. Granted.

          Stephen E. Smith, Esquire of the Department of Justice, Dover, Delaware; attorney for the State.

          Thomas D. Donovan, Esquire of the Office of Conflict Counsel, Dover, Delaware; attorney for Defendant Daymien J. Robert.

          Andre M. Beauregard, Esquire of Brown Shiels & Beauregard, Dover, Delaware; attorney for Defendant Avery Maxwell.

          Kevin P. Tray, Esquire of the Law Office of Kevin P. Tray, Wilmington, Delaware; attorney for Defendant Terrance Stokes.

          ORDER

          Hon. William L. Witham, Jr. Resident Judge

          Before the Court is the State's Motion to Sever the trials of co-defendants Daymien Robert, Terrance Stokes, and Avery Maxwell. The Defendants are charged with Home Invasion. Robbery Second Degree, Wearing a Disguise During the Commission of a Felony, Theft of a Motor Vehicle, and Conspiracy Second Degree. The Defendants oppose the State's motion on the grounds of untimeliness, speedy trial rights, and judicial economy. This constitutes the Court's decision.

         FACTS

         1. On June 5, 2017, the Defendants were indicted together and charged with Home Invasion, as well as other related offenses arising from a single event. Namely, it is alleged that the Defendants operated in concert to break into the victim's home, remove items therefrom, and depart with the victim's vehicle.

         2. On December 14, 2017, Defendant Robert confessed, in a recorded interview, to the crimes indicated in the indictment. His confession implicated Defendants Maxwell and Stokes.

         3. On January 3, 2018, the State filed a Motion to Sever requesting that the Court sever the three Defendants' joint trial into three separate trials.

         4. On January 11, 2018, Defendant Stokes filed his response in opposition to the State's motion. Defendants Maxwell and Robert agree that severance should not be granted for the reasons stated in Defendant Stokes' response.

         THE ...


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