green
Positive treatment
Issue: ineffective assistance of counsel claimDE ↗
Issue: IAC claimDE ↗
Issue: Strickland testDE ↗
Issue: claim that a new ruleDE ↗
58.7 score
G Cite
cited 3× by 3 distinct cases, 2023–2024 ·
…reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.
at p. 3
⚠ not in text
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016
2021
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
cited
Cited as authority (rule)
State v. Tenaglia
May 28, 2021); Green v. State, 238 A.3d 160 , 187-88 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. McDougal
May 28, 2021); Green v. State, 238 A.3d 160 , 187-188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Boyles
May 28, 2021); Green v. State, 238 A.3d 160 , 187-88 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. White
May 28, 2021); Green v. State, 238 A.3d 160 , 187-88 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
State v. Finney
R. 61(i)(5) and (d)(2)(i), (ii). 13 earlier stage in the proceedings and are properly presented in a motion for postconviction relief.99 The aforementioned procedural bars to relief do not apply to a claim that the court lacked jurisdiction.100 This is Defendant’s first motion for postconviction relief and it was timely filed within one year of when his conviction became final.101 Rule 61(i)(2) does not apply here because this is Defendant’s first postconviction relief motion. 102 And, with one exception, Finney’s claims involve allegations of ineffective assistance of counsel, which cou…
discussed
Cited as authority (rule)
State v. Lively
(2×)
May 28, 2021); Green v. State, 238 A.3d 160 , 187- 188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Staats
May 18, 2021); Whittle v. State, 2016 WL 2585904 at *3 (Del.
cited
Cited as authority (rule)
State v. Brittingham
May 18, 2021); Whittle v. State, 2016 WL 2585904 at *3 (Del.
cited
Cited as authority (rule)
State v. Hopson-El
May 28, 2021); Green v. State, 238 A.3d 160 , 187- 188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Evans
May 28, 2021); Green v. State, 238 A.3d 160 , 175-76 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Coleman
May 28, 2021); Green v. State, 238 A.3d 160 , 187- 188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Davis
May 28, 2021); Green v. State, 238 A.3d 160 , 187-188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Smith
May 28, 2021); Green v. State, 238 A.3d 160 , 187- 188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. White
May 28, 2021); Green v. State, 238 A.3d 160 , 187- 188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Davis
R. 61(i)(5) and (d)(2)(i), (ii). 41 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. McGriff
May 28, 2021); Green v. State, 238 A.3d 160 , 187- 188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Joyner
May 28, 2021); Green v. State, 238 A.3d 160 , 187- 188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Perkins
May 28, 2021); Green v. State, 238 A.3d 160 , 187-188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Perkins
May 28, 2021); Green v. State, 238 A.3d 160 , 187- 188 (Del. 2020); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Thomas
Courts must ignore the distorting effects of hindsight and proceed with a strong presumption that 22 Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
Whittle v. State
Whittle unsuccessfully asserted his claim of judicial bias in his postconviction proceedings,8 and he cannot use a motion under Rule 35(a) to relitigate that issue. 9 6 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998). 7 Opening Brief at 5. 8 See Whittle, 2016 WL 2585904, at *2 (Del.
discussed
Cited as authority (rule)
State v. Mumford
Although not insurmountable, the Strickland standard regarding the first prong is highly demanding and leads to a strong presumption that the representation was professionally reasonable.32 A defendant must show that any alleged errors were so serious that his counsel was not functioning as the “counsel” guaranteed by the Sixth Amendment.33 Great weight and deference is given to the tactical decisions of 28 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Morris
R. 61. 22 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Ward
R. 61(i)(5) and (d)(2)(i), (ii) (setting forth exceptions to the procedural bars). 4 Whittle v. State, 2016 WL 2585904, at *3 (Del.); State v. Evan-Mayes, 2016 WL 4502303 , at *2 (Del.
cited
Cited as authority (rule)
State v. Mujica
Defendant’s Truth-in-Sentencing Guilty Plea Form asks, “Has your lawyer, the (TABLE); Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Mujica
Defendant’s Truth-in-Sentencing Guilty Plea Form asks, “Has your lawyer, the (TABLE); Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
State v. Anderson
However, ineffective assistance of counsel claims cannot be raised at any earlier stage in the proceedings and are properly presented by way of a motion for postconviction relief. 9 The fact that counsel did not raise an argument or objection during the trial, or on appeal, does not bar a defendant from alleging that counsel’s failure amounted to ineffective assistance. 10 In order to prevail on an ineffective assistance of counsel claim, a defendant must show that his counsel’s representation fell below an objective standard of reasonableness and the deficiencies in counsel’s representa…
discussed
Cited as authority (rule)
State v. Willis
R. 61(i)(3) and (4) though, any ground for relief that was not previously raised is deemed waived, and any claims that were formerly adjudicated, whether in the proceedings leading to the judgment of conviction, in an appeal, in a postconviction proceeding, or in a federal 3 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Hostutler
Oct. 13, 2015). 8 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Montes-Galindez
C. §4752(2) — Drug Dealing — Delivery/Possession with Intent to Deliver a Tier 2 amount with an aggravating factor, a Class B Felony. '0 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Anderson
R. 61(i)(1). ‘5 Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
State v. Charriez
Courts must ignore the distorting effects of hindsight and proceed with a strong presumption that counsel’s conduct was reasonable.'* The Strickland Court explained that a court ° Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
State v. Coleman
The test for assessing an ineffective assistance of counsel claim was set forth in Strickland v. Washington.” In Strickland, the Supreme Court held that in order to prevail on an ineffective assistance of counsel claim, a defendant must show that his counsel’s representation fell below an objective standard of reasonableness and the deficiencies in counsel’s representation caused the defendant actual prejudice.?! '8 Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
State v. Johnson
When a defendant has pleaded guilty, he must show that counsel’s actions were so prejudicial that there is a reasonable probability that, but for counsel’s errors, the defendant would not have °° Weeks v. State, 653 A.2d 266, 270 (Del. 1995), quoting United States v. Cole, 813 F.2d 43, 46 (3d Cir. 1987). 30 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Brown
R. 61(i)(5) and (d)(2)Q@), (i). 10 Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
State v. Boone
Great weight and deference are given to tactical decisions by the trial attorney and counsel cannot be deemed ineffective for failing to pursue motions that lack merit.” 11 Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
State v. Morrison
Ineffective assistance of counsel claims cannot be raised at any earlier stage in the proceedings and are properly presented by way of a motion for postconviction relief."4 In order to prevail on an ineffective assistance of counsel claim, a defendant must show that his counsel’s representation fell below an objective standard of reasonableness and the deficiencies in counsel’s representation caused the defendant actual prejudice.'!° To prevail in the context of a case involving a guilty plea, Defendant must show that but for counsel’s errors, there is a reasonable probability that he w…
cited
Cited as authority (rule)
State v. Roberts
R. 61(i)(5) and (d)(2)(i), (ii). ° Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Miles
R. 61(i)(5) and (d)(2)(i), (ii) (setting forth exceptions to the procedural bars). '© Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Spady
R. 61(i)(5) and (d)(2)(i), (ii) (setting forth exceptions to the procedural bars). 7 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Phillips
R. 61(i)(1). ° Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Rose
R. 61(i)(5) and (d)(2)(i), (ii). ’ Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Lukshides
Defendant’s execution of the documents, as ’ Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Campbell
R. 61(4)(1). 29 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Lukshides
R. 61(i)(3), (5) and (d)(2)(i)-(ii). 'S Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Ryle
R. 61(i)(5) and (d)(2)(i), (ii). 2 Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
State v. Lloyd
Further, in order to prevail on an ineffective assistance of counsel claim, a defendant must show that but for the errors, there is a reasonable probability that the outcome of the proceedings would have been different.22 The test is not whether the Defendant can demonstrate that the error had some “conceivable effect” on the outcome but rather whether the error undermined 19 Whittle v. State, 2016 WL 2585904, at *3 (Del.
cited
Cited as authority (rule)
State v. Rogers
May 16, 2016); Whittle v. State, 2016 WL 2585904, at *3 (Del.
discussed
Cited as authority (rule)
State v. Dryburgh
R. 61(m)(1) (lf the defendant does not file a direct appeal, the judgment of conviction becomes final 30 days after the Court imposes the sentence). relief.13 In order to prevail on an ineffective assistance of counsel claim, a defendant must show that his counsel’s representation fell below an objective standard of reasonableness and the deficiencies in counsel’s representation caused the defendant actual prejudice.14 To prevail in the context of a case involving a guilty plea, Defendant must show that but for counsel’s errors, there is a reasonable probability that he would not have pl…
Retrieving the full opinion text from the archive…
Davear WHITTLE, Below
v.
STATE of Delaware, Below
v.
STATE of Delaware, Below
No. 405, 2015.
Supreme Court of Delaware.
Apr 28, 2016.
Cited by 66 opinions | Published
Court Below — Superior Court of the State of Delaware, Cr. ID No. 111101324
AFFIRMED.