On January 28, 1997, defendant Craig Zebroski, was convicted by a jury in New Castle County, of two counts of First Degree Murder, and related charges, and sentenced to death. In this oral argument before the Delaware Supreme Court, the attorney representing Mr. Zebroski contended that the sentencing judge violated the commands of Gardner v. Florida, 430 U.S. 349, 354 (1977), by considering prejudicial and constitutionally prohibited evidence, unseen by defense counsel or the jury, including a
secret death recommendation, in sentencing defendant to death.
The judgment of the Superior Court was affirmed.