Dawson v. State
Dawson v. State
Opinion of the Court
This is an appeal from a Superior Court denial of postconviction relief in a capital murder case. The appellant, David F. Dawson (“Dawson”), is scheduled for execution on April 26, 2001. The extensive background of the proceedings that culminated in Dawson’s death sentence is set forth in a previous decision of this Court that denied Dawson’s earlier petition for postconviction relief. See Dawson v. State, Del.Supr., 673 A.2d 1186 (1996).
In his latest petition for postconviction relief, Dawson contends that the 1991 legislative amendment to Delaware’s death penalty statute, 11 Del.C. § 4209, which changed the procedure for the imposition of the death penalty, does not
Alternatively, we hold Dawson’s claim that the General Assembly did not intend to apply the new sentencing procedure to cases such as his where only subsequent sentencing was involved is without merit and foreclosed by our decision in State v. Cohen, Del.Supr., 604 A.2d 846, 849 (1992). This alternative holding, based upon our prior construction of the Delaware statute, is an independent basis for our conclusion to deny Dawson’s present request for relief. See Michigan v. Long, 463 U.S. 1032, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983).
The judgment of the Superior Court is AFFIRMED. Appellant’s motion for stay is DENIED as moot.
Reference
- Full Case Name
- David F. DAWSON, Below v. STATE of Delaware, Below
- Status
- Published