Statements made by a defendant during a guilty plea colloquy are presumed to be truthful in subsequent collateral proceedings.
A defendant seeking postconviction relief for ineffective assistance of counsel during a guilty plea proceeding must demonstrate that counsel's performance fell below an objective standard of reasonableness and that such errors prejudiced the defendant by creating a reasonable probability that he would have insisted on going to trial. Although the defendant claimed his attorney promised a sentence of no more than thirty months and failed to advise him of sentencing cap options, the record showed the defendant acknowledged the potential ten-year penalty during the colloquy. Because a defendant's statements to the court during a guilty plea colloquy are presumed to be truthful, the defendant failed to substantiate his claims of ineffective assistance.
At page 632 Voluntariness and truthfulness of guilty plea statements226 citing cases“a defendant's statements to the superior court during the guilty plea colloquy are presumed to be truthful.”
- State v. Tenaglia, No. 2407012475 (Del. Super. Ct. Apr. 30, 2026).published ([A] guilty plea constitutes a waiver of a trial on the charges and a waiver of the constitutional rights to which he or she would have been entitled to exercise at a trial.)
- State v. Boyles, No. 2406003020 (Del. Super. Ct. Jan. 30, 2026).published ([A] guilty plea constitutes a waiver of a trial on the charges and a waiver of the constitutional rights to which he or she would have been entitled to exercise at a trial.)
- State v. Lively, No. 2206012279 (Del. Super. Ct. Apr. 16, 2025).published ([A] guilty plea constitutes a waiver of a trial on the charges and a waiver of the constitutional rights to which he or she would have been entitled to exercise at a trial.)
- State v. Jasovsky, No. 2308003743 (Del. Super. Ct. Apr. 14, 2025).published(In the absence of clear and convincing evidence to the contrary, [a defendant] is bound by his answers on the [TIS Form] and by his sworn testimony prior to the acceptance of the guilty plea.)
- Merritt v. State, 332 A.3d 470 (Del. 2024).published(In the absence of clear and convincing evidence to the contrary, [a defendant] is bound by his answers on the Truth-in-Sentencing Guilty Plea Form and by his sworn testimony prior to the acceptance of the guilty plea.)
- Jackson v. State, 319 A.3d 268 (Del. 2024).published(In the absence of clear and convincing evidence to the contrary, [a defendant] is bound by his answers on the Truth-in-Sentencing Guilty Plea From and by his sworn testimony prior to the acceptance of the guilty plea.)
- Robles v. State, 312 A.3d 1154 (Del. 2024).published(In the absence of clear and convincing evidence to the contrary, [a defendant] is bound by his answers on the Truth-in-Sentencing Guilty Plea Form and by his sworn testimony prior to the acceptance of the guilty plea.)
- West v. State, 263 A.3d 127 (Del. 2021).published(With or without the witness oath, a defendant’s statements to the Superior Court during the guilty plea colloquy are presumed to be truthful.)
- State v. Allen, No. 1808005236 (Del. Super. Ct. Apr. 22, 2019).published(With or without the witness oath, a defendant’s statements to the Superior Court during the guilty plea colloquy are presumed to be truthful.)
- Maldonado & Maldonado-Quinone v. State, 329 A.3d 1042 (Del. 2024).published“plea agreements are not binding upon the superior court.”
Show 186 more citing cases
- State v. Young, Jr., No. 1801013445 (Del. Super. Ct. July 8, 2026).publishedConsequently, the Defendant’s request for appointment of postconviction counsel is MOOT. 7 D.I. 19 8 Sommerville v. State, 703 A.2d 629, 632 (Del. 1997). 9.
- Clay v. State, No. 480, 2025 (Del. June 22, 2026).publishedWe do not discern any error the Superior Court’s finding that Clay failed to establish a basis to assert legal innocence. 6 Somerville v. State, 703 A.2d 629, 632 (Del. 1997). 7 Id. 8 Opening Br.
- State v. Harper, No. 2307016193 (Del. Super. Ct. Mar. 16, 2026).publishedDec. 17, 2007) (citing Somerville v. State, 703 A.2d 629, 632 (Del. 1997). 64 Edwards, 2007 WL 4374237, at *1 (citing Brady v. United States, 397 U.S. 742, 751-52 (1970)). 13 more incarceration if convicted of the indicted charges does not…
- State v. Cosme, No. 2306007269 (Del. Super. Ct. Mar. 16, 2026).publishedCosme’s statements in the Truth in Sentencing Guilty Plea Form and during his colloquy with the Court are presumed to be truthful.26 Further, absent clear and convincing evidence that his statements were not made knowingly, voluntarily and…
- State v. Marks, No. 2309011721 (Del. Super. Ct. Feb. 4, 2026).published At the plea hearing, Marks admitted that he was guilty of the charge of Continuous Sexual Abuse of a Child.** Marks expressly admitted that “between the 1° of November in 2022 and the 21* of September 2023, a period of time not less than t…
- State v. Fiske, No. 1706014715 (Del. Super. Ct. Jan. 28, 2026).publishedDefendant’s claims to the contrary, more than five years after entering the plea, are simply not credible. 34 33F 30 Id., 10:6 – 13:1. 31 Id., 15:15 – 16:21. 32 Id., 16:17 – 21. 33 Palmer v. State, 2002 WL 31546531 , at *1 (Del. 2002), (ci…
- Fleming v. State, No. 237, 2025 (Del. Jan. 15, 2026).publishedSeitz, Jr. Chief Justice 9 Somerville v. State, 703 A.2d 629, 632 (Del. 1997). 5
- State v. Hall, No. 21111009640 (Del. Super. Ct. Nov. 12, 2025).publishedA mere denial of guilt does not constitute a fair and just reason for the nature of the charge, the maximum possible penalty, and the constitutional rights being waived, and must determine that the plea is voluntary and not the result of f…
- State v. White, No. 2212005964 (Del. Super. Ct. Sept. 30, 2025).publishedJan. 15, 2004); Somerville v. State, 703 A.2d 629, 632 (Del. 1997); Modjica v. State, 2009 WL 2426675 (Del.
- State v. Vinson, No. 2202007222 (Del. Super. Ct. Sept. 19, 2025).published I find Trial Counsel’s affidavit, in conjunction with the 8 466 U.S. 668 (1984). 9 551 A.2d 53, 58 (Del. 1988). 10 Strickland, 466 U.S. at 687 11 Somerville v. State, 703 A.2d 629, 631 (Del. 1997) (Citing Albury v. State, 551 A.2d 53, 60 (…
- State v. Velez, No. 2212006162, 230300890 (Del. Super. Ct. Sept. 12, 2025).publishedApr. 11, 2024), citing Somerville v. State, 703 A.2d 629, 632 (Del. 1997).
- State v. West, No. 1107001026 (Del. Super. Ct. Aug. 29, 2025).publishedPrior to entering into the plea, West was facing charges stemming from three bank robberies and one attempted bank robbery at four separate 28 D.I. 13- Plea Agreement. 29 January 9, 2012 Plea Transcript, at pgs. 8-11. 30 See, Somerville v.…
- Gordon v. State, 342 A.3d 1165 (Del. 2025).publishedSeitz, Jr. Chief Justice 23 A197. 24 See A214, A217. 25 Somerville v. State, 703 A.2d 629, 632 (Del. 1997). 7
- Barlow v. State, 342 A.3d 1130 (Del. 2025).publishedMar. 20, 2024) (TABLE) (quoting Somerville v. State, 703 A.2d 629, 632 (Del. 1997)) (brackets in original). 17 Raison, 469 A.2d at 426 . 18 We are not persuaded that our decision in Kinderman v. State, 302 A.3d 407 (Del. 2023), mandates a…
- State v. Hayman-Cooper, No. 2106007748; 2207010076 (Del. Super. Ct. June 27, 2025).publishedMr. Hayman-Cooper 62 3/13/23 Plea Tr., at 2-4. 63 Id. at 5, 17. 64 Id. at 5-17. 65 Id. at 17. 66 Id. at 13, 17. 67 See Somerville v. State, 703 A.2d 629, 632 (Del. 1997); Smith v. State, 1996 WL 21050 (Del.
- State v. Saunders, No. 2109011647 (Del. Super. Ct. June 19, 2025).publishedJuly 30, 2013). 51 Sommerville v. State, 703 A.2d 629, 632 (Del. 1997); See also D.I. 68, Plea Trans. p. 14-15 The same is true regarding Saunders’ claims regarding the failure to remove this prosecution to federal court – they are meritle…
- State v. Batres, No. 2405007192 (Del. Super. Ct. Apr. 9, 2025).publishedMar. 14, 2011) (citing Somerville v. State, 703 A.2d 629, 632 (Del. 1997)). 6 Id. (citing Savage v. State, 815 A.2d 349 (Table) (Del. 2003)). sentiment that the impact to Defendant’s relationship is extremely unfortunate, the Court agrees…
- State v. Kyelberg, No. 2307003993 (Del. Super. Ct. Mar. 6, 2025).publishedAt the time of his plea, Kyelberg knew that he was waiving his trial rights which included challenging the State’s evidence and raising any defenses thereto.23 Kyelberg could have elected to proceed to trial thereby preserving the right to…
- State v. Hopson-El, No. 2111002732 (Del. Super. Ct. Feb. 11, 2025).published Transcript of October 27, 2022 plea colloquy; also see October 26, 2022 Truth-in- Sentencing Guilty Plea Form executed by Defendant. 54 Id. 55 Id. 56 Palmer v. State, 2002 WL 31546531 , *1 (Del. 2002) (citing Somerville v. State, 703 A.2d…
- State v. Draper, No. 2210012695 (Del. Super. Ct. Jan. 9, 2025).published Counsel’s 13 Strickland, 466 U.S. at 687 14 Somerville v. State, 703 A.2d 629, 631 (Del. 1997) (Citing Albury v. State, 551 A.2d 53, 60 (Del.1988)) (citations omitted) 15 See e.g., Outten v. State, 720 A.2d 547, 557 (Del. 1998) (citing Bou…
- State v. Reese, No. 2005008448 RHR (Del. Super. Ct. Dec. 20, 2024).publishedHe makes the following claims to show that the unreasonableness prong is satisfied: (1) Counsel lied about having reviewed discovery for the Maryland case; (2) Counsel did not meet with him between September, 2020 and July, 2021; (3) Couns…
- State v. Stovall, No. 2204002054 (Del. Super. Ct. Nov. 25, 2024).publishedCt.); Somerville v. State, 703 A.2d 629, 632 (Del. 1997); Modjica v. State, 2009 WL 2426675 (Del. 2009); Miller v. State, 840 A.2d 1229, 1232 (Del. 2004). 10 See, Mills v. State, 2016 WL 97494, at *3 (Del.); Day v. State, 2011 WL 3617797 (…
- State v. Lashley, No. 1709005240 (Del. Super. Ct. Oct. 29, 2024).publishedApr. 1, 1992))). 37 Somerville v. State, 703 A.2d 629, 632 (Del. 1997) (quoting Voytik v. United States, 778 F.2d 644, 648 (8th Cir. 1989)). 8 by his answers on the guilty plea form and by his testimony at the plea colloquy in the absence…
- State of Delaware v. Klaft., No. 1302019245 (Del. Super. Ct. Feb. 27, 2015).published
- State of Delaware v. Green., No. 1303011941 (Del. Super. Ct. Apr. 8, 2015).published
- State of Delaware v. Rodriguez., No. 1112016434 (Del. Super. Ct. Aug. 3, 2015).published
- State of Delaware v. Gillis., No. 1402018635 (Del. Super. Ct. Jan. 19, 2016).published
- State of Delaware v. LaMotte K. Johns, No. 1211023691 (Del. Super. Ct. Feb. 9, 2016).published
- State of Delaware v. Aaron L. Henry, No. 1304002901 (Del. Super. Ct. Feb. 29, 2016).published
- State v. York-James, No. 1408017362 (Del. Super. Ct. Mar. 8, 2017).published
- State v. Price, No. 1704004125B 1704004056 (Del. Super. Ct. Dec. 20, 2019).published
- State v. Perez, No. 1804006358 (Del. Super. Ct. July 23, 2020).published
- State v. Lashley, No. 1709005240 (Del. Super. Ct. Mar. 16, 2021).published
- State v. Rochester, No. 1810008309 (Del. Super. Ct. July 27, 2021).published
- State v. Hanzer, No. 1809003269 (Del. Super. Ct. July 27, 2021).published
- State v. Crossman, Sr., No. 2008013542 (Del. Super. Ct. May 31, 2023).published
- State v. Williams, No. 1906010188 A&B (Del. Super. Ct. June 27, 2023).published
- State v. Hall, No. 2102000900 (Del. Super. Ct. Nov. 2, 2023).published
- State v. Davis, No. 2006003477A&B (Del. Super. Ct. Jan. 31, 2024).published
- State v. Smith, No. 1602012206 (Del. Super. Ct. Apr. 11, 2024).published
- State v. Horta, No. 2010001654 2010001394 (Del. Super. Ct. May 3, 2024).published
- State v. Thomas, No. 2010012425 2103016186 (Del. Super. Ct. June 24, 2024).published
- State of Delaware v. Brown., No. 1107009697 (Del. Super. Ct. Dec. 8, 2014).published
- Miller v. State, No. 379, 2014 (Del. Dec. 9, 2014).published
- Brown v. State, 108 A.3d 1201 (Del. 2015).published
- Benn v. State, No. 400, 2014, 2015 WL 304257 (Del. Jan. 23, 2015).published
- Kilson v. State, No. 415, 2014 (Del. Mar. 3, 2015).published
- State of Delaware v. Williams., No. 1001019523 (Del. Super. Ct. Mar. 4, 2015).published
- Watson v. State, No. 688, 2014 (Del. Mar. 30, 2015).published
- State of Delaware v. Feliciano., No. 89000046DI (Del. Super. Ct. Apr. 30, 2015).published
- Steck v. State, No. 21, 2015, 2015 WL 2357161 (Del. May 15, 2015).published
- State of Delaware v. Brown., No. 1209018367 (Del. Super. Ct. June 23, 2015).published
- Kinzer v. State, No. 713, 2014 (Del. June 29, 2015).published
- Rhodes v. State, No. 685, 2014 (Del. July 21, 2015).published
- State of Delaware v. Briscoe., No. 1411011704 1401016042 (Del. Super. Ct. July 20, 2015).published
- State of Delaware v. Williams., No. 1205011732 (Del. Super. Ct. July 27, 2015).published
- Rollins v. State, No. 35, 2015 (Del. Aug. 25, 2015).published
- Windsor v. State of Delaware, No. 193, 2015 (Del. Sept. 25, 2015).published
- Lewis v. State, No. 368, 2015 (Del. Oct. 12, 2015).published
- Gomez v. State, No. 6, 2015 (Del. Dec. 3, 2015).published
- Garvin v. State, No. 476, 2015 (Del. Dec. 7, 2015).published
- Bissoon v. State, No. 316, 2015 (Del. Dec. 7, 2015).published
- Garrison v. State, No. 298, 2015 (Del. Dec. 11, 2015).published
- State of Delaware v. William T. Matthews, No. 1412017592 (Del. Super. Ct. Jan. 27, 2016).published
- Brochu v. State, No. 329, 2015 (Del. Feb. 19, 2016).published
- Newman v. State, No. 367, 2015 (Del. Mar. 8, 2016).published
- Barksdale v. State, No. 583, 2015 (Del. Apr. 6, 2016).published
- Jackson v. State, No. 542, 2015 (Del. Apr. 4, 2016).published
- State of Delaware v. Frankie Galindez, No. 1208019679 1207022710 1201009204 (Del. Super. Ct. Apr. 18, 2016).published
- State v. Love, No. 1308024062 (Del. Super. Ct. Apr. 20, 2016).published
- Rutherford v. State, No. 653, 2015 (Del. June 3, 2016).published
- Hobbs v. State, No. 573, 2015 (Del. July 5, 2016).published
- State v. Cooper, No. S1207010004A (Del. Super. Ct. July 11, 2016).published
- State v. Fonville, No. S1409005465 (Del. Super. Ct. July 13, 2016).published
- Hunter v. State, No. 186, 2016 (Del. Aug. 1, 2016).published
- Flores v. State, No. 37, 2016 (Del. Aug. 1, 2016).published
- State v. Sinclair, No. 0611011662 (Del. Super. Ct. Aug. 11, 2016).published
- Muldrow v. State, No. 376, 2015 (Del. Aug. 23, 2016).published
- Harmon v. State, No. 13, 2016 & 14, 2016 (Del. Sept. 8, 2016).published
- Colburn v. State, No. 327, 2016 (Del. Oct. 5, 2016).published
- Atkinson v. State, No. 626, 2015 (Del. Oct. 17, 2016).published
- State v. Ellis, No. 1511007511 (Del. Super. Ct. Oct. 18, 2016).published
- State v. Juarez-Vega, No. 1410005413 (Del. Super. Ct. Oct. 14, 2016).published
- Evans v. State, No. 701, 2015 (Del. Oct. 21, 2016).published
- State v. Desola, No. 1506018431 (Del. Super. Ct. Jan. 4, 2017).published
- Molina v. State, No. 312, 2016 (Del. Jan. 11, 2017).published
- State v. Johnson, No. 1408014208 (Del. Super. Ct. Feb. 7, 2017).published
- State v. Campbell, No. 1411008699 (Del. Super. Ct. Feb. 13, 2017).published
- State v. Smith, No. 0707036856A, 2017 WL 902149 (Del. Super. Ct. Mar. 6, 2017).published
- State v. Hollis, No. 1209016864 (Del. Super. Ct. Mar. 27, 2017).published
- State v. Outlaw, No. 1508018505 (Del. Super. Ct. May 19, 2017).published
- Wiggins v. State, No. 316, 2016 (Del. May 22, 2017).published
- State v. Harrell, No. 1311014669 (Del. Super. Ct. June 5, 2017).published
- Shawn Daniels v. State of Delaware, No. 490, 2016 (Del. June 28, 2017).published
- State v. Carter, No. 1603016304 (Del. Super. Ct. July 5, 2017).published
- State v. Dearry, No. 1411015404 (Del. Super. Ct. July 21, 2017).published
- Fields v. State, No. 236, 2017 (Del. Oct. 12, 2017).published
- State v. Hagins, No. 1507016513 (Del. Super. Ct. Oct. 31, 2017).published
- State v. Cuffee, No. 1209013919 (Del. Super. Ct. Nov. 13, 2017).published
- State v. Pickle, No. 1309017881 (Del. Super. Ct. Dec. 4, 2017).published
- State v. Reid, No. 1511011664 (Del. Super. Ct. Dec. 6, 2017).published
- State v. Fleetwood, No. 1503013906 (Del. Super. Ct. Jan. 17, 2018).published
- Medkeff v. State, No. 181, 2017 (Del. Jan. 9, 2018).published
- State v. Coleman, No. 1701000036 (Del. Super. Ct. Mar. 13, 2018).published
- Shorts v. State, No. 268, 2017 (Del. May 30, 2018).published
- State v. Wilson, No. 1304003168 (Del. Super. Ct. June 19, 2018).published
- State v. Stallings, No. 1209008698A (Del. Super. Ct. July 31, 2018).published
- State v. Campbell, No. 1411008699 (Del. Super. Ct. Aug. 16, 2018).published
- Harrell v. State, No. 237, 2018 (Del. Aug. 23, 2018).published
- Rogers v. State, No. 195, 2018 (Del. Nov. 8, 2018).published
- Trotter v. State, No. 120, 2018 (Del. Nov. 21, 2018).published
- State v.Bessicks, No. 1504001053B (Del. Super. Ct. Dec. 4, 2018).published
- State v. Schofield, No. 1608024954 (Del. Super. Ct. Jan. 3, 2019).published
- State v. Dillard, No. 1411003111, 2019 WL 118437 (Del. Super. Ct. Jan. 7, 2019).published
- State v. Kennedy, No. 1609020077 (Del. Super. Ct. Jan. 25, 2019).published
- Duffy v. State, No. 466, 2018 (Del. Feb. 5, 2019).published
- State v. Johnson, No. 1609014541 (Del. Super. Ct. Feb. 8, 2019).published
- State v. Rivers, No. 1504005028 (Del. Super. Ct. Mar. 7, 2019).published
- State v. Dryburgh, No. 1707020603 (Del. Super. Ct. Apr. 30, 2019).published
- State v. Rogers, No. 1708021304 (Del. Super. Ct. May 15, 2019).published
- Terrero-Ovalles v. State, No. 91, 2019 (Del. June 3, 2019).published
- Soto v. State, No. 607, 2018 (Del. June 18, 2019).published
- State v. Bessicks, No. 1504001053B (Del. Super. Ct. July 2, 2019).published
- State v. Adkins, No. 1702005504 (Del. Super. Ct. July 16, 2019).published
- State v. Lukshides, No. 1705013353 (Del. Super. Ct. July 29, 2019).published
- State v. Rogers, No. 1703019541 (Del. Super. Ct. July 26, 2019).published
- State v. Boone, No. 1305018893 (Del. Super. Ct. Sept. 4, 2019).published
- State v. Lukshides, No. 1705013353 (Del. Super. Ct. Sept. 17, 2019).published
- State v. Williams, No. 1708012089 (Del. Super. Ct. Sept. 19, 2019).published
- State v. Spady, No. 1701007644 (Del. Super. Ct. Dec. 10, 2019).published
- State v. Miles, No. 1808016273 & 1808016234 (Del. Super. Ct. Jan. 15, 2020).published
- Wright v. State, No. 307, 2019 (Del. Jan. 24, 2020).published
- Dawud v. State of Delaware, 226 A.3d 201 (Del. 2020).published
- State v. Morrison, No. 1607021543 (Del. Super. Ct. Mar. 16, 2020).published
- State v. Barksdale, No. 1403019776, 2020 WL 2096148 (Del. Super. Ct. Apr. 30, 2020).published
- State v. Boone, No. 1803002540 (Del. Super. Ct. July 14, 2020).published
- State v. Brown, No. 1703004263 & 1703015343 (Del. Super. Ct. July 31, 2020).published
- State v. Minatee, No. 1711003417 (Del. Super. Ct. July 31, 2020).published
- State v. Jones, No. 1502002252, 2020 WL 5530332 (Del. Super. Ct. Sept. 11, 2020).published
- State v. Snell, No. 1807019522 (Del. Super. Ct. Sept. 28, 2020).published
- State v. Charriez, No. 1709017391 1709011924 (Del. Super. Ct. Sept. 30, 2020).published
- Benson v. State, 240 A.3d 1 (Del. 2020).published
- State v. Montes-Galindez, No. 1810000846 (Del. Super. Ct. Oct. 19, 2020).published
- State v. Wiggins, No. 1412002182 (Del. Super. Ct. Oct. 30, 2020).published
- State v. Hurst, No. 1808014637 (Del. Super. Ct. Nov. 20, 2020).published
- State v. Murray, No. 1710007866 (Del. Super. Ct. Dec. 22, 2020).published
- State v. Hostutler, No. 1903006607 (Del. Super. Ct. Jan. 6, 2021).published
- Waples v. State, No. 161, 2020 (Del. Feb. 23, 2021).published
- State v. Belfield, No. 1810000958A & B (Del. Super. Ct. Mar. 9, 2021).published
- State v. Smith, No. 1901000972 (Del. Super. Ct. Mar. 19, 2021).published
- State v. Morales, No. 1801012249 (Del. Super. Ct. Apr. 1, 2021).published
- State v. Willis, No. 1910001886 (Del. Super. Ct. Apr. 14, 2021).published
- State v. Reese, No. 1701016650B, 1702004090A, 1705016514A (Del. Super. Ct. Apr. 29, 2021).published
- State v. Mujica, No. 1812004090 (Del. Super. Ct. May 3, 2021).published
- Bowden v. State, 256 A.3d 206 (Del. 2021).published
- State v. Mujica, No. 1812004090 (Del. Super. Ct. Oct. 1, 2021).published
- Jones v. State, 276 A.3d 1053 (Del. 2022).published
- State v. Whittington, No. 2106010727 (Del. Super. Ct. May 27, 2022).published
- State v. Brooks, No. 2011001029 (Del. Super. Ct. June 21, 2022).published
- State v. Reed, No. 1809015387 (Del. Super. Ct. July 27, 2022).published
- State v. Harris, No. 1802015496 (Del. Super. Ct. Sept. 7, 2022).published
- State v. Carney (Del. Super. Ct. 2022).published
- State v. Riddock, No. 0603012717 (Del. Super. Ct. Dec. 19, 2022).published
- Benson v. State, 289 A.3d 277 (Del. 2022).published
- State v. Husfelt, No. 1908011284 (Del. Super. Ct. Feb. 13, 2023).published
- State v. Abrajan-Cobaxin, No. 2001016205 (Del. Super. Ct. Feb. 13, 2023).published
- State v. Thomas, No. 1705004684 & 1705004742 (Del. Super. Ct. Feb. 28, 2023).published
- State v. Johnson, No. 1711008021 (Del. Super. Ct. Mar. 24, 2023).published
- Perrigan v. State, No. 280, 2022 (Del. Mar. 27, 2023).published
- State v. Hernandez-Martinez, No. 2105008322 (Del. Super. Ct. May 3, 2023).published
- State v. Billings, No. 2112011764 (Del. Super. Ct. June 21, 2023).published
- State v. Fidlago, No. 2111014013 2112000947 (Del. Super. Ct. June 27, 2023).published
- State v. Philmore, No. 2205009689 (Del. Super. Ct. July 31, 2023).published
- State v. Seramone, No. 1904020542 (Del. Super. Ct. Aug. 18, 2023).published
- Hopkins v. State, 309 A.3d 423 (Del. 2023).published
- State v. Alley, No. 2302011589 (Del. Super. Ct. Mar. 18, 2024).published
- Schofield v. State, No. 415, 2023 (Del. Mar. 20, 2024).published
- Kimbrough v. State, 319 A.3d 269 (Del. 2024).published
- State v. Destafney, No. 2201008017 (Del. Super. Ct. May 22, 2024).published
- Mitchell v. Johnson, No. 1:16-cv-00907 (D. Del. Mar. 13, 2020).
- Duffy v. State Of Delaware, No. 1:19-cv-01512 (D. Del. Aug. 31, 2022).
- Jobes v. Mears, No. 1:19-cv-00837 (D. Del. Sept. 30, 2022).
- Yarborough v. State of Delaware, No. 1:20-cv-01274 (D. Del. Sept. 26, 2023).
- State v. Brown, No. 2108008637 (Del. Super. Ct. June 28, 2024).published
- State v. Brown, No. 210800863 (Del. Super. Ct. July 9, 2024).published
- State v. Stigile, No. 20010020200 & 2205013206 (Del. Super. Ct. Sept. 30, 2024).published
At page 631 Applying Strickland to guilty plea ineffective assistance of counsel claims110 citing cases“a guilty plea constitutes a waiver of a trial on the charges and a waiver of the constitutional rights to which he or she would have been entitled to exercise at a trial.”
- Mikeson, Terek v. Mertyle Umbrington, No. 37, 2026 (Del. Aug. 31, 2026).publishedMikeson could have sought review of the 5 Somerville v. State, 703 A.2d 629, 631 (Del. 1997); Murphy v. State, 632 A.2d 1150, 1152 (Del. 1993). 4 commissioner’s order, but did not do so.
- State v. Brown, No. 2408004105 (Del. Super. Ct. Aug. 28, 2026).published(In the context of a guilty plea challenge, Strickland requires a defendant to show that: (1) counsel’s representation fell below an objective standard of reasonableness; and (2)
- State v. Marks, No. 2309011721 (Del. Super. Ct. Feb. 4, 2026).published At the plea hearing, Marks admitted that he was guilty of the charge of Continuous Sexual Abuse of a Child.** Marks expressly admitted that “between the 1° of November in 2022 and the 21* of September 2023, a period of time not less than t…
- State v. Vinson, No. 2202007222 (Del. Super. Ct. Sept. 19, 2025).published I find Trial Counsel’s affidavit, in conjunction with the 8 466 U.S. 668 (1984). 9 551 A.2d 53, 58 (Del. 1988). 10 Strickland, 466 U.S. at 687 11 Somerville v. State, 703 A.2d 629, 631 (Del. 1997) (Citing Albury v. State, 551 A.2d 53, 60 (…
- Smith v. State, 346 A.3d 80 (Del. 2025).published(counsel’s actions were so prejudicial that there is a reasonable probability that, but for counsel’s errors, the defendant would not have pleaded guilty and would have insisted on going to trial.” (internal quotations…)
- Lolley v. State, 342 A.3d 372 (Del. 2025).publishedAs the Superior Court found, Lolley’s first motion for postconviction relief was timely because it was filed within one year of his conviction becoming final.8 (11) To prevail on a claim of ineffective assistance of counsel, a movant must…
- State v. Caccavone, No. 2303015450 (Del. Super. Ct. May 9, 2025).published After discussing his case with Counsel, Caccavone made an informed decision to accept the plea offer. 41 He reviewed and signed the Plea Agreement, the Truth in Sentencing form, and the Immediate Sentencing 38 Somerville v. State, 703 A.2d…
- Daniels v. State, 341 A.3d 474 (Del. 2025).publishedDaniels contends that these bars do not apply because 8 Daniels, 2024 WL 4867172 , at *4. 9 Somerville v. State, 703 A.2d 629, 631 (Del. 1997); Murphy v. State, 632 A.2d 1150, 1152 (Del. 1993). 10 Ploof v. State, 75 A.3d 811, 820 (Del. 201…
- Washington v. State, 340 A.3d 1150 (Del. 2025).publishedApr. 16, 2014). 10 Somerville v. State, 703 A.2d 629, 631 (Del. 1997); Murphy v. State, 632 A.2d 1150, 1152 (Del. 1993). 11 Ploof v. State, 75 A.3d 811, 820 (Del. 2013). 12 Id. 13 Younger v. State, 580 A.2d 552, 554 (Del. 1990). 5 the time…
- State v. Dillard, No. 1105015873 (Del. Super. Ct. Apr. 14, 2025).publishedIt “balances 14 MacDonald v. State, 778 A.2d 1064, 1075 (Del. 2001). 15 Id., also see Somerville v. State, 703 A.2d 629, 631 (Del. 1997), citing Albury v. State, 551 A.2d 53 , 58 - 60 (quoting Strickland v. Washington, 466 U.S. 668 , 689 -…
Show 97 more citing cases
- State v. Staats, No. 2308015660 (Del. Super. Ct. Apr. 8, 2025).publishedMOTION FOR POSTCONVICTION RELIEF When a defendant seeks to collaterally attack a guilty plea based on ineffective assistance of counsel, he bears the burden of proving counsel provided ineffective representation.35 To that end, where a def…
- State v. Chavis, No. 2406006890 (Del. Super. Ct. Mar. 20, 2025).published(trial judge must ensure (1) defendant understands nature of the charges and penalties and their waiver of trial and other constitutional rights, (2) the record reflects defendant’s understanding, and (3)
- State v. Garcia, No. 1907011073 (Del. Super. Ct. Feb. 26, 2025).publishedGarcia’s statements during the colloquy are “presumed to be truthful,” and create “a formidable barrier in any subsequent collateral proceedings.”38 He is “bound by the representations […] made at the time the plea was entered.”39 By knowi…
- Smith v. State, No. 1602012206 (Del. Super. Ct. Feb. 11, 2025).publishedSee D.I. 36 7:14-17. 32 D.I. 36 at 5:13-9:14. 33 Id. at 3:14-20. 34 Somerville v. State, 703 A.2d 629, 631 (Del. 1997) (citations omitted). 8 “[A] defendant’s statements to the Superior Court during the guilty plea colloquy are presumed to…
- State v. Draper, No. 2210012695 (Del. Super. Ct. Jan. 9, 2025).published Counsel’s 13 Strickland, 466 U.S. at 687 14 Somerville v. State, 703 A.2d 629, 631 (Del. 1997) (Citing Albury v. State, 551 A.2d 53, 60 (Del.1988)) (citations omitted) 15 See e.g., Outten v. State, 720 A.2d 547, 557 (Del. 1998) (citing Bou…
- Medley v. State, 332 A.3d 497 (Del. 2024).publishedAssuming the breach of the plea agreement was fairly raised below, Rule 61(i)(3) bars this claim because Medley did not raise it on direct appeal and has failed to show “[c]ause for relief from the procedural default...and 7 Somerville v.…
- State v. Williams, No. 2211005272; 2207003702 (Del. Super. Ct. Oct. 10, 2024).published Because the evidence known to Counsel established Defendant’s guilt of PFBPP, her recommendation did not fall outside “the range of competence demanded of '8 State v. Williams, 2024 WL 4024979 , at *4 (emphasis added) (citing Strickland v.…
- Elder v. State, 328 A.3d 301 (Del. 2024).publishedHe has waived appellate review of ineffective assistance claims that he or his Postconviction Counsel made below, but that he has not raised on appeal.8 4 Baynum v. State, 211 A.3d 1075, 1082 (Del. 2019). 5 Id. 6 Younger v. State, 580 A.2d…
- State v. Lolley, No. 1812005541 (Del. Super. Ct. Sept. 30, 2024).publishedAug. 30, 2024). 31 2024 WL 3813471 , at *4 (first quoting 466 U.S. at 689 ; and then citing Salih v. State, 962 A.2d 257 , 257 (Del. 2008) (TABLE)). 32 State v. Williams, 2024 WL 4024979 , at *4 (emphasis added) (citing Strickland v. Washi…
- Cannon v. State, 992 A.2d 1236 (Del. 2010).published
- Morgan v. State, 962 A.2d 248 (Del. 2008).published
- Brokenbrough v. State, 962 A.2d 916 (Del. 2008).published
- Allen v. State, 941 A.2d 1018 (Del. 2008).published
- Cooke v. State, 977 A.2d 803 (Del. 2009).published
- Wisher v. State, 957 A.2d 3 (Del. 2008).published
- Guinn v. State, 882 A.2d 178 (Del. 2005).published
- Hickernell v. State, 991 A.2d 18 (Del. 2010).published
- Runyon v. State, 968 A.2d 492 (Del. 2009).published
- McLaughlin v. Carroll, 270 F. Supp. 2d 490 (D. Del. 2003).published
- Holmes v. State, No. 612, 2013 (Del. July 17, 2014).published
- State of Delaware v. Guess., No. 1111020337 (Del. Super. Ct. July 15, 2014).published
- Purnell v. State, No. 48, 2014 (Del. Sept. 12, 2014).published
- State of Delaware v. Hess., No. 0907021053 (Del. Super. Ct. Nov. 20, 2014).published
- State of Delaware v. Harris., No. 1206004370 (Del. Super. Ct. Nov. 25, 2014).published
- State of Delaware v. Klaft., No. 1302019245 (Del. Super. Ct. Feb. 27, 2015).published
- State of Delaware v. Bowers., No. 1207007229 1208008381 (Del. Super. Ct. Mar. 13, 2015).published
- State of Delaware v. Green., No. 1303011941 (Del. Super. Ct. Apr. 8, 2015).published
- Powell v. State, No. 690, 2014 (Del. June 17, 2015).published
- Wells v. State, No. 278, 2014 (Del. July 13, 2015).published
- Newton v. State, No. 101, 2015 (Del. July 15, 2015).published
- State of Delaware v. Rodriguez., No. 1112016434 (Del. Super. Ct. Aug. 3, 2015).published
- Alston v. State, No. 16, 2015 (Del. Sept. 4, 2015).published
- State of Delaware v. Gillis., No. 1402018635 (Del. Super. Ct. Jan. 19, 2016).published
- Stevenson v. State, No. 306, 2015 (Del. Jan. 19, 2016).published
- State of Delaware v. LaMotte K. Johns, No. 1211023691 (Del. Super. Ct. Feb. 9, 2016).published
- State of Delaware v. William T. WArren, No. IK12-09-0484-01 (Del. Super. Ct. Feb. 24, 2016).published
- State of Delaware v. Aaron L. Henry, No. 1304002901 (Del. Super. Ct. Feb. 29, 2016).published
- Leatherbury v. State, No. 423, 2015 (Del. Mar. 1, 2016).published
- Mitchell v. State, No. 195, 2016 (Del. Aug. 4, 2016).published
- Ruano-Avila v. State, No. 659, 2015 (Del. Sept. 9, 2016).published
- State v. Watts, No. 1503015027 (Del. Super. Ct. Oct. 24, 2016).published
- Hunt v. State, No. 672, 2015 (Del. Nov. 1, 2016).published
- State v. Foreman, No. 1501018150 & 1501017690 (Del. Super. Ct. Dec. 20, 2016).published
- State v. York-James, No. 1408017362 (Del. Super. Ct. Mar. 8, 2017).published
- State v. Tegano, No. 1411017324 (Del. Super. Ct. Nov. 15, 2017).published
- State v. Harris, No. 1502003769 (Del. Super. Ct. Nov. 30, 2017).published
- State v. Boyer, No. 1409003291A, 1409003291C & 1508023150 (Del. Super. Ct. Dec. 8, 2017).published
- State v. Jobes, No. 1510004414 (Del. Super. Ct. Jan. 11, 2018).published
- State v. Urquhart, No. 1507023490 (Del. Super. Ct. Mar. 16, 2018).published
- State v. Thomas, No. 1009005841 (Del. Super. Ct. Mar. 28, 2018).published
- State v. Jobes, No. 1510004414 (Del. Super. Ct. Sept. 19, 2018).published
- State v. Harmon, No. 1505013606 (Del. Super. Ct. Oct. 12, 2018).published
- State v. Purnell, No. 1607019111 (Del. Super. Ct. Oct. 31, 2018).published
- State v. Stelljes, No. 1702005851, 2018 WL 6264707 (Del. Super. Ct. Nov. 28, 2018).published
- State v. Spady, No. 1405012220 (Del. Super. Ct. Nov. 28, 2018).published
- State v. Richards, No. 1707014097 (Del. Super. Ct. Nov. 30, 2018).published
- Rowan v. State, No. 249, 2018 (Del. Dec. 10, 2018).published
- State v. Harmon, No. 1505013606 (Del. Super. Ct. Jan. 17, 2019).published
- State v. Purnell, No. 1607019111 (Del. Super. Ct. Jan. 23, 2019).published
- State v. Willis, No. 1804019804 (Del. Super. Ct. Mar. 18, 2019).published
- Cuffee v. State, No. 19, 2018 (Del. May 6, 2019).published
- State v. Spady, No. 1405012220 (Del. Super. Ct. May 30, 2019).published
- State v. Harmon, No. 1706010540 (Del. Super. Ct. Aug. 23, 2019).published
- State v. Benson, No. 1611007969 (Del. Super. Ct. Sept. 25, 2019).published
- State v. Brown, No. 1704012399 (Del. Super. Ct. Oct. 3, 2019).published
- State v. Sudler, No. 1708017970 (Del. Super. Ct. Nov. 20, 2019).published
- State v. Kunitz, No. 1706010844 (Del. Super. Ct. Nov. 21, 2019).published
- State v. Price, No. 1704004125B 1704004056 (Del. Super. Ct. Dec. 20, 2019).published
- State v. Harris, No. 1805011554 (Del. Super. Ct. Feb. 21, 2020).published
- State v. Evans, No. 1806012537 (Del. Super. Ct. Feb. 20, 2020).published
- Burris v. State, 225 A.3d 1268 (Del. 2020).published
- Campbell v. State, 235 A.3d 726 (Del. 2020).published
- State v. Perez, No. 1804006358 (Del. Super. Ct. July 23, 2020).published
- Pardo v. State, No. 550, 2019 (Del. Nov. 12, 2020).published
- State v. Lashley, No. 1709005240 (Del. Super. Ct. Mar. 16, 2021).published
- Stokes v. State, 249 A.3d 387 (Del. 2021).published
- Jones v. State, No. 414, 2020 (Del. Apr. 5, 2021).published
- State v. Rochester, No. 1810008309 (Del. Super. Ct. July 27, 2021).published
- State v. Hanzer, No. 1809003269 (Del. Super. Ct. July 27, 2021).published
- Belair v. State, 263 A.3d 127 (Del. 2021).published
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- Johnson v. State, 278 A.3d 1147 (Del. 2022).published
- Ray v. State, 280 A.3d 627 (Del. 2022).published
- State v. White, 278 A.3d 680 (Del. Super. Ct. 2022).published
- State v. Crossman, Sr., No. 2008013542 (Del. Super. Ct. May 31, 2023).published
- State v. Williams, No. 1906010188 A&B (Del. Super. Ct. June 27, 2023).published
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- State v. Hall, No. 2102000900 (Del. Super. Ct. Nov. 2, 2023).published
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- Henry v. Pierce, No. 1:17-cv-00472 (D. Del. Sept. 23, 2020).
- State v. Thomas, No. 2010012425 2103016186 (Del. Super. Ct. June 24, 2024).published
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- State v. Guilford, No. 2202008181 (Del. Super. Ct. Aug. 1, 2025).published
At page 633 Evaluating ineffective assistance of counsel at sentencing3 citing casesagreements for a specified sentence are completely dependent upon the State’s initial willingness to make such an offer and the subsequent acceptance of the…
- Manis v. State, 779 A.2d 884 (Del. 2001).published
- State v. Reed, No. 1308004342 1005013493 (Del. Super. Ct. Nov. 29, 2016).published
- State v. Watson, No. 1303016651 (Del. Super. Ct. Jan. 5, 2017).published
At page 636 Evaluating waiver of trial rights during guilty plea3 citing cases
- State of Delaware v. William T. Matthews, No. 1412017592 (Del. Super. Ct. Jan. 27, 2016).published
- State v. Fonville, No. S1409005465 (Del. Super. Ct. July 13, 2016).published
- State of Delaware v. Jason A. Kashner, No. 141006237 (Del. Super. Ct. Jan. 27, 2016).published
v.
STATE of Delaware, Plaintiff Below, Appellee
This is an appeal by the defendant-appellant, Richard Y. Somerville (“Somerville”), following the Superior Court’s denial of his motion for postconviction relief. Somerville filed his opening brief and appendix. The Court has before it, the plaintiff-appellee’s, State of Delaware’s (“State”), Motion to Affirm the Superior Court’s judgment. The Court has concluded that the State’s motion should be granted. Supr.Ct.R. 25(a).
Background Facts
In January 1996, Somerville was charged by information with one count of Assault in the First Degree. The victim was Somer-ville’s thirteen-month-old son. Somerville was alleged to have caused severe, near fatal, injuries by punching his son multiple times. Somerville was represented by an Assistant Public Defender. In May 1996, Somerville entered a plea of guilty, as charged.
Somerville’s sentencing was deferred pending a pre-sentence investigation. The record reflects that, prior to sentencing, Somerville’s original attorney was transferred from the Public Defender’s Office in Kent County to the Public Defender’s Office in New Castle County. Consequently, Som-erville’s case was reassigned to another Assistant Public Defender, who represented Somerville at sentencing.
In July 1996, the Superior Court sentenced Somerville to ten years of incarceration at Level V, suspended after six years for six months at a Level IV halfway house, followed by probation. Somerville did not file a direct appeal following his sentencing. Somerville also did not file an appeal from either of two decisions issued by the Superior Court that denied Somerville’s motions for reduction of his sentence.
Postconviction Motion
Superior Court Denial
In August 1996, Somerville filed a Rule 61 motion for postconviction relief asserting: (i) ineffective assistance of counsel at the guilty plea proceeding and at sentencing; (ii) “unfulfilled plea agreement;” (iii) “no knowledge of court procedure;” (iv) “erroneous pre-sen-tence information;” (v) “unfounded” finding of excessive cruelty; and (vi) compelling mitigating factors. Super.Ct.Crim.R. 61. The Superior Court referred Somerville’s motion to a Commissioner, who issued a report that determined Somerville’s claims were either procedurally barred or were without merit. After considering Somerville’s challenge to the Commissioner’s report, the Superior Court denied Somerville’s motion for post-conviction relief. This appeal followed.
[*631] This Appeal Somerville’s Sole Contention
In Ms opemng brief on appeal, Som-erville has raised a single claim: ineffective assistance of counsel at the guilty plea proceeding. To the extent that Somerville has not briefed the other claims raised by his postconviction motion in the Superior Court, those claims are deemed to be waived. Murphy v. State, Del.Supr., 632 A.2d 1150, 1152 (1993). Accordingly, those abandoned claims will not be addressed by this Court. Id. at 1153.
Somerville alleges “gross negligence” on the part of the attorney who represented him at the guilty plea hearing. Somerville asserts that Ms attorney assured him that a guilty plea to Assault in the First Degree would result m a sentence of no more than thirty months of incarceration. Somerville also asserts that his attorney faded to advise him that he had an “option” to enter mto a plea agreement with the State that would mclude a “cap” on the sentence he received. Somerville contends that “had [he] known” that he faced the possibility of ten years incarceration, “[he] would never have signed” and would have elected to go to trial.
Collateral Attack/Guilty Plea Ineffective Assistance of Counsel
To prevail on his Meffective assistance of counsel claim, Somerville must meet the two-prong test of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Albury v. State, Del.Supr., 551 A.2d 53, 58 (1988) (citing Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985)). In the context of a guilty plea challenge, Strickland requires a defendant to show that: (1) “ ‘counsel’s representation fell below an objective standard of reasonableness’ Albury v. State, 551 A.2d at 58 (.quoting Strickland v. Washington, 466 U.S. at 694, 104 S.Ct. at 2068); and (2) counsel’s actions were so prejudicial “ ‘that there is a reasonable probability that, but for counsel’s errors, the defendant would not have pleaded guilty and would have insisted on going to trial.’ ” Albury v. State, 551 A.2d 53, 60 (1988) (quoting Hill v. Lockhart, 474 U.S. at 58, 106 S.Ct. at 370).
Under the Strickland test, “appellate ... review is subject to a strong presumption that counsel’s conduct was professionally reasonable.” Albury v. State, 551 A.2d at 59 (citing Strickland v. Washington, 466 U.S. at 689, 104 S.Ct. at 2065). The purpose of tMs presumption is to eliminate the distorting effects of hindsight m examimng a strategic course of conduct that may have been within a range of professional reasonableness at the time. Id. The second prong of the Strickland test requires a showing of “prejudice.” Id. In the context of a guilty plea challenge, the defendant must demonstrate to the appellate court “‘that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.’ ” Albury v. State, 551 A.2d at 60 (quoting Hill v. Lockhart, 474 U.S. at 58, 106 S.Ct. at 370).
Guilty Plea Colloquy Substance and Procedure
The basis for the entry of a guilty plea must appear on the record to permit appellate review. Sullivan v. State, Del. Supr., 636 A.2d 931, 937 (1994). TMs Court recently reviewed the proper procedures that are a condition precedent to accepting a guilty plea in another postconviction appeal that successfully asserted a claim for ineffective assistance of counsel. See Patterson v. State, Del.Supr., 684 A.2d 1234 (1996). A “rigid formalistic approach to compliance” is not necessary. Patterson v. State, 684 A.2d at 1237.
There are numerous protections afforded to the defendant offering a guilty plea. Prior to accepting a guilty plea, the trial judge must address the defendant in open court. Sullivan v. State, 636 A.2d at 937. The judge must determme that the defendant understands the nature of the charges and the penalties provided for each of the offenses. Id. The record must reflect that the defendant understands that the guilty plea constitutes a waiver of a trial on the charges and a waiver of the constitutional[*632] rights to which he or she would have been entitled to exercise at a trial. Id. (citing Super.Ct.Crim.R. 11(c)). The trial judge must also determine that a guilty plea is not the result of force, threats, or promises apart from the plea agreement, ie., is voluntary. Id. (citing Super.Ct.Crim.R. 11(d)); Howard v. State, Del.Supr., 458 A.2d 1180, 1184-85 (1983).
In this ease, the record reflects that Som-erville indicated on the Truth-in-Sentencing Guilty Plea Form that he understood that the statutory penalty for Assault in the First Degree was up to ten years in jail. The Truth-in-Sentencing Guilty P.lea Form executed by Somerville specifies that the statutory penalty is zero to ten years jail with a maximum penalty of “10 yrs. jail.” During the guilty plea colloquy, Somerville acknowledged to the Superior Court judge that he had: read and understood the Truth-in-Sentencing Guilty Plea Form; discussed the matter fully with his attorney; and, was satisfied with his attorney’s representation.
During the guilty plea colloquy, Somerville was advised verbally by the Superior Court judge that the statutory penalty provided for up to ten years of incarceration. At the same time, Somerville acknowledged to the judge that the plea agreement was the entire agreement between himself and the prosecution. Somerville specifically denied that anyone had threatened or forced him to plead guilty or promised him anything to induce his guilty plea. Somerville did not enter a plea pursuant to Delaware Superior Court Criminal Rule 11(e)(1)(C).
Defendant Has Burden Guilty Plea Presumed Truthful
Many Superior Court judges have a defendant swear or affirm the usual witness oath before speaking during the guilty plea colloquy. With or without the witness oath, a defendant’s statements to the Superior Court during the guilty plea colloquy are presumed to be truthful. Davis v. State, Del.Supr., No. 157, 1992, Walsh, J., 1992 WL 401566 (Dec. 7, 1992) (ORDER); Bramlett v. A.L. Lockhart, 8th Cir., 876 F.2d 644, 648 (1989). Those contemporaneous representations by a defendant pose a “formidable barrier in any subsequent collateral proceedings.” Voytik v. United States, 8th Cir., 778 F.2d 1306, 1308 (1985) (quoting Blackledge v. Allison, 431 U.S. 63, 74, 97 S.Ct. 1621, 1629, 52 L.Ed.2d 136 (1977)).
Somerville now contends that his attorney promised him that the sentence he received would not exceed thirty months of incarceration. The record reflects that Som-erville acknowledged that his plea agreement contained the entire agreement with the prosecution. Somerville indicated on the plea agreement that no promises had been made regarding his sentence. In the absence of clear and convincing evidence to the contrary, Somerville is bound by his answers on the Truth-in-Sentencing Guilty Plea Form and by his sworn testimony prior to the acceptance of the guilty plea. Fullman v. State, Del.Supr., No. 268, 1988, Christie, C.J. (Feb. 2, 1988) (ORDER). See Little v. Allsbrook, 4th Cir., 731 F.2d 238, 239-40, n. 2 (1984). Compare Patterson v. State, Del. Supr., 684 A.2d 1234, 1238 (1996).
Sentencing Agreement Offer Discretion!Acceptance Non-binding
Somerville asserts that his attorney did not advise him that he had the “option” of entering into a plea agreement with the State that would include a “cap” on the sentence he received. See Super.Ct.Crim.R. 11(e)(1)(C). For the purpose of this appeal, we assume that such a plea was not discussed with Somerville. To succeed on a claim of ineffective assistance of counsel, however, a defendant must not only make concrete allegations of cause and actual prejudice, but he or she also must substantiate them. Younger v. State, Del.Supr., 580 A.2d 552, 556 (1990).
Superior Court Criminal Rule 11(e)(1)(C) does not afford a defendant the right to enter into such an agreement with the State. The rule provides that the State may offer such an agreement. Super.Ct.Crim.R. 11(e)(1). These agreements are not binding upon the Superior Court. Super.Ct.Crim.R. 11(e). Therefore, plea[*633] agreements for a specified sentence are completely dependent upon the State’s initial willingness to make such an offer and the subsequent acceptance of the agreed upon punishment by the sentencing judge.
Thus, contrary to Somerville’s assertion, there was no right to enter into a plea agreement for a specific sentence or range of sentence. Furthermore, again assuming that the possibility of pursuing such an agreement was never discussed, Somerville’s motion does not allege that if the State had not agreed to a thirty-month sentence or the judge had rejected a thirty-month sentence, he would not have entered a guilty plea. See Albury v. State, Del.Supr., 551 A.2d 58, 60[incorrect citation] (1988). Consequently, Somerville’s motion that his attorney rendered ineffective assistance at sentencing does not reflect either the “cause,” or the “prejudice” that is required for affirmative relief. Id.
Conclusion
Somerville has failed to substantiate his claim of ineffective assistance of counsel by the attorney who represented him during the guilty plea proceeding. But see Patterson v. State, Del.Supr., 684 A.2d 1234 (1996). It is manifest on the face of Somerville’s opening brief that his appeal is without merit. The State’s motion to affirm is granted. The judgment of the Superior Court is affirmed.