Vincent L. Perry v. State Delaware

The defendant-appellant, Vincent L. Perry ("Perry"), and his co-defendant, Charles Kevin Kelly ("Kelly"), were charged with
having planned and procured the execution-style murder of a witness, who was to testify against Perry in a drug case. After
a six-week trial, Perry and Kelly were convicted of Murder in the First Degree and Conspiracy in the First Degree. Both Perry
and Kelly were sentenced to imprisonment for life. They appealed to this Court. The issues were fully briefed and argued twice
before us, including a rehearing en banc. Thus, Perry had full access to the appellate process which was his as a matter
of right. However, before our decision could be announced, Perry died suddenly in prison. 1 The Court requested the attorneys of record to exchange supplemental memoranda, addressing the effect of Perry's death on
this appeal. The State argues that Perry's death has mooted this appeal and that it should simply be dismissed. On behalf
of Perry, it is argued that his personal representative should be substituted as a party, and that the appeal should proceed
to a decision on the merits.