- Associated Press - Tuesday, October 25, 2016

DOVER, Del. (AP) - The Delaware Supreme Court has overturned a judge’s ruling vacating the murder conviction of a man sentenced to life in prison for fatally shooting a motorist in Wilmington.

The judge vacated the 2002 murder conviction of Damone Flowers last year, saying his trial attorney erred in not objecting to the admission into evidence of out-of-court statements from five witnesses after prosecutors failed to ask whether the statements were true.

The judge said the result was that Flowers was deprived of his Sixth Amendment right to confront the five witnesses about the truthfulness of their statements.

The Supreme Court ruled late last week that the judge failed to properly invoke exceptions to procedural rules in considering Flowers‘ appeal, which the judge acknowledged was both repetitive and untimely.


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