Submitted: April 8, 2019
Motion for Bill of Particulars. Denied.
Lindsay A. Taylor, Esquire of the Department of Justice,
Dover, Delaware; attorney for the State.
C. Gill, Esquire of the Law Office of Edward G. Gill &
Associates, Georgetown, Delaware; attorney for the Defendant.
WILLIAM L. WITHAM, JR. RESIDENT JUDGE.
the Court is Defendant Gregory Hixon's (hereinafter
"Defendant") Bill of Particulars pertaining to
evidence seized as the result of a traffic stop conducted by
Delaware State Police. After carefully considering the motion,
the State's response in opposition, and record, it
appears to the Court that:
Court incorporates its factual findings per its May 23, 2019
order pertaining to Defendant's Motion to Suppress based
on the vehicle stop.
After Defendant fled the traffic stop conducted by Tfc.
Solda, Tfc. Osgood observed the Maxima (Defendant's
vehicle) and attempted to initiate a traffic stop. The Maxima
fled that attempt by running a stop light, illegally passing
another vehicle, and speeding between 100 - 120 mph.
Defendant was next spotted by Cpl. Dukes, who observed the
Maxima stop in the north parking lot of the Attorney
General's Office in Downtown Dover.
March 29, 2019, Defendant filed an untimely motion for a bill
of particulars,  but the Court permitted the motion despite
its untimeliness. The State provided its response, in
opposition, on April 8, 2019.
Defendant seeks certain information from the State pertaining
to Defendant. Defendant asserts, despite failing to cite
any case law or statutory authority in support, nor the
precise way that the bill of particulars would aid his
defense, the requested information would permit Defendant to
properly defend himself, protect him from double jeopardy,
and aid the jury in understanding the State's
response, the State argues the requested information has
already been provided to Defendant in the form of police
reports and MVR footage. Those resources, the State contends,
depict the offenses that Defendant was charged. The State
further asserts that Defendant's purpose in seeking the
bill of particulars is purely conclusory, and that he has
further failed to elaborate how the information would
alleviate any perceived issues.
the reasons stated below, the Court finds no sufficient
grounds to grant Defendant's ...