Del. court mulls appeal in killing of Delaware police officer

DOVER, Del. - (AP) - Delaware's Supreme Court is mulling an appeal by a convicted killer serving life in prison for fatally shooting a police officer.

The justices heard arguments Wednesday in an appeal by Derrick Powell, who initially was sentenced to death for the 2009 killing of Georgetown police officer Chad Spicer. Powell was resentenced to life in prison after Delaware's death penalty was declared unconstitutional.

Defense attorneys argue that a Superior Court judge erred last year in rejecting Powell's motion for post-conviction relief.

In that motion, Powell's attorneys claimed, among other things, that trial prosecutors violated his rights in failing to disclose the existence of a witness who may have been helpful to the defense until the state and defense had rested their cases and the jury was waiting to hear closing arguments.

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