Gordon v. State

• Court: Supreme Court of Delaware
• Decided: August 26, 2024
• Docket: 194, 2024
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ANTHONY GORDON, § § No. 194, 2024 Defendant Below, § Appellant, § Court Below–Superior Court § of the State of Delaware v. § § Cr. ID No. 1109011777 (N) STATE OF DELAWARE, § § Appellee. §

Submitted: June 17, 2024 Decided: August 26, 2024

Before SEITZ, Chief Justice; LEGROW and GRIFFITHS, Justices.

ORDER

After consideration of the appellant’s opening brief, the State’s motion to

affirm, and the record on appeal, we affirm the Superior Court’s denial of the

appellant’s repetitive motion to dismiss the second-degree rape counts of the

indictment. We have previously considered and rejected the appellant’s arguments,

finding that “[t]he second-degree rape counts satisfied [Superior Court Criminal]

Rule 7(c) (which requires a plain written statement of the essential facts constituting

the offense charged), put [the appellant] on notice of the charges against him, and

precluded subsequent prosecution for the same offense.”1

1 Gordon v. State, 2022 WL 1486727, at *2 (Del. May 10, 2022). NOW, THEREFORE, IT IS ORDERED that the State’s motion to affirm is

GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ N. Christopher Griffiths Justice