Capano was the politically connected attorney who was convicted of killing his mistress, Anne Marie Fahey. Fahey was the scheduling secretary to then-Gov. Tom Carper.
Capano's attorney, Joseph Bernstein, is expected to argue that Capano's conviction should be thrown out, and a new trial should be conducted. Bernstein says the trial judge allowed hearsay evidence, allowed an improper cross-examination by the prosecutor and failed to allow the jury to consider lesser-included charges.
State prosecutors are expected to argue that U.S. Supreme Court precedents cited by Capano no longer apply.
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Information from: The (Wilmington, Del.) News Journal, http://www.delawareonline.com
