The United States Supreme Court today denied Delaware’s petition for review in Delaware v. Cooke.

In November 2009, the Delaware Department of Justice petitioned the high court to review the July

2009 split decision of the Delaware Supreme Court reversing James E.

Cooke’s 2007 murder conviction and death sentence. Attorney General Beau Biden decided that it

was in Delaware’s best interest to request review “to seek the Court’s clarification not only for this

case, but for other criminal cases across the country” as it presented “issues of profound

constitutional significance.”

“We are disappointed with the Court’s decision,” Attorney General Biden stated. “We

have consulted with the family of Lindsey Bonistall and recognize the pain they continue to

experience as this case makes its way through the judicial process. We will continue to move

forward with the prosecution of Cooke and to continue to fight for justice in this tragic case.”

A scheduling conference with the trial judge is expected to be set shortly, at which time a

new trial date will be set.

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