cumulative error in Delaware

2024“Cumulative error must derive from multiple errors that caused ‘actual prejudice.’”32 Because the Court has found no errors that caused actual 32 Michaels v. State, 970 A.2d 223, 231 (Del. 2009) (quoting Fahy v. Horn, 516 F.3d 169, 205 (3d Cir. 2008)). 15 prejudice, Elder’s claim of cumulative error also fails.

2017Zero plus zero equals zero, and four zeros added together still equals zero. ”36 In Stevens’ case three zeros added together still equals 34 See Michaels v. State, 970 A.2d 223, 231-32 (Del. 2009) (“Cumulative error must derive from multiple errors that caused ‘actual prejudice ’ Here, none of the incidents upon Which Hawthorne relies were prejudicial.”)(citing Fahy v. Hom, 516 F.3d 169, 205 (3d Cir. 2008)). 35 See State v. Sykes, 2014 WL 619503 , at *38 (Del.

2024“Cumulative error must derive from multiple errors that caused ‘actual prejudice.’”32 Because the Court has found no errors that caused actual 32 Michaels v. State, 970 A.2d 223, 231 (Del. 2009) (quoting Fahy v. Horn, 516 F.3d 169, 205 (3d Cir. 2008)). 15 prejudice, Elder’s claim of cumulative error also fails.

2017Zero plus zero equals zero, and four zeros added together still equals zero. ”36 In Stevens’ case three zeros added together still equals 34 See Michaels v. State, 970 A.2d 223, 231-32 (Del. 2009) (“Cumulative error must derive from multiple errors that caused ‘actual prejudice ’ Here, none of the incidents upon Which Hawthorne relies were prejudicial.”)(citing Fahy v. Hom, 516 F.3d 169, 205 (3d Cir. 2008)). 35 See State v. Sykes, 2014 WL 619503 , at *38 (Del.

2019Aug. 25, 1994). 47 Strickland, 466 U.S. at 687–88. 20 allegations to establish that Trial Counsel acted unreasonably.48 The United States Supreme Court has pointed to “prevailing professional norms” as the standard against which to judge the reasonableness of counsel’s representation with great deference given to counsel’s strategic judgments.49 Simply because another strategy may have produced a better outcome in hindsight is not enough for a court to rule that a lawyer’s performance was ineffective, given the strong presumption that the performance was adequate.50 With respect to the second

2019But, 40 Id. at 690-91 . 41 Scott v. State, 7 A.3d 471 (Del. 2010) (citing Evitts v. Lucey, 469 U.S. 387, 394 (1985), reh’g denied, 470 U.S. 1065 (1985); Jones v. Barnes, 463 U.S. 745, 751 (1983)). 42 App. to Opening Br. at A261. 43 Id. 44 Id. 45 Id. 46 Opinion, at *12. 14 appellate counsel’s affidavit states that “[a]fter reviewing the entire record, Counsel raised the issues that she believed, at the time, had the best chance of success on direct appeal.”47 The Superior Court properly relied on the affidavit and found that appellate counsel was informed, thus making her strategic choice “virt

2025As we have repeatedly observed, “a defendant is not entitled to have a court re-examine an issue that has been previously resolved simply because the claim is refined or restated.”274 F Next, Cooke claims that second-trial counsel’s alleged errors cumulatively resulted in an unfair trial and that the Superior Court’s finding to the contrary is “contradicted by both the record and the law.”275 “Cumulative error must derive from multiple errors that caused ‘actual prejudice’” to the defendant at trial.276 We weigh the cumulative effect of the errors to determine if, combined, they are “prejudici

2025See also Sykes v. State, 147 A.3d 201, 216 (Del. 2015) (quoting Skinner, 607 A.2d at 1172 ). 275 Opening Br. at 67. 276 Swan v. State, 248 A.3d 839 , 869 (Del. 2021) (quoting Michaels v. State, 970 A.2d 223 , 231– 32 (Del. 2009)). 277 Hoskins v. State, 102 A.3d 724, 735 (Del. 2014). 106 any errors.

2025See also Sykes v. State, 147 A.3d 201, 216 (Del. 2015) (quoting Skinner, 607 A.2d at 1172 ). 275 Opening Br. at 67. 276 Swan v. State, 248 A.3d 839 , 869 (Del. 2021) (quoting Michaels v. State, 970 A.2d 223 , 231– 32 (Del. 2009)). 277 Hoskins v. State, 102 A.3d 724, 735 (Del. 2014). 106 any errors.

2025See also Sykes v. State, 147 A.3d 201, 216 (Del. 2015) (quoting Skinner, 607 A.2d at 1172 ). 275 Opening Br. at 67. 276 Swan v. State, 248 A.3d 839 , 869 (Del. 2021) (quoting Michaels v. State, 970 A.2d 223 , 231– 32 (Del. 2009)). 277 Hoskins v. State, 102 A.3d 724, 735 (Del. 2014). 106 any errors.

2024Accordingly, Benson’s cumulative error claim fails. 121 Drumgo v. State, 44 A.3d 922 (TABLE), 2012 WL 1377596, at *1 (Del.

2019A cumulative-error claim must derive from multiple 91 Lewis v. State, 757 A.2d 709, 718 (Del. 2000) (quoting Strickland, 466 U.S. at 692 ). 92 Allen v. State, 2010 WL 3184441, at *2 (Del. 2010). 39 prejudicial errors.93 The Delaware Supreme Court has utilized a plain-error standard of review to assess cumulative-error claims.

2019A cumulative-error claim must derive from multiple 91 Lewis v. State, 757 A.2d 709, 718 (Del. 2000) (quoting Strickland, 466 U.S. at 692 ). 92 Allen v. State, 2010 WL 3184441, at *2 (Del. 2010). 39 prejudicial errors.93 The Delaware Supreme Court has utilized a plain-error standard of review to assess cumulative-error claims.

2019Defendant’s Claim Regarding the Court’s Finding of Recklessness Is Procedurally Barred Defendant’s first ineffective assistance of counsel claim argues that Trial Counsel provided Defendant with ineffective assistance because Trial Counsel did not effectively argue there was insufficient evidence to support a finding of 48 Id. at 688; Wright v. State, 671 A.2d 1353, 1356 (Del. 1996) (“Mere allegations of ineffectiveness will not suffice.”). 49 Strickland, 466 U.S. at 688 (“The proper measure of attorney performance remains simply reasonableness under prevailing professional norms.”). 50 See id

2019But, 40 Id. at 690-91 . 41 Scott v. State, 7 A.3d 471 (Del. 2010) (citing Evitts v. Lucey, 469 U.S. 387, 394 (1985), reh’g denied, 470 U.S. 1065 (1985); Jones v. Barnes, 463 U.S. 745, 751 (1983)). 42 App. to Opening Br. at A261. 43 Id. 44 Id. 45 Id. 46 Opinion, at *12. 14 appellate counsel’s affidavit states that “[a]fter reviewing the entire record, Counsel raised the issues that she believed, at the time, had the best chance of success on direct appeal.”47 The Superior Court properly relied on the affidavit and found that appellate counsel was informed, thus making her strategic choice “virt

2019But, 40 Id. at 690-91 . 41 Scott v. State, 7 A.3d 471 (Del. 2010) (citing Evitts v. Lucey, 469 U.S. 387, 394 (1985), reh’g denied, 470 U.S. 1065 (1985); Jones v. Barnes, 463 U.S. 745, 751 (1983)). 42 App. to Opening Br. at A261. 43 Id. 44 Id. 45 Id. 46 Opinion, at *12. 14 appellate counsel’s affidavit states that “[a]fter reviewing the entire record, Counsel raised the issues that she believed, at the time, had the best chance of success on direct appeal.”47 The Superior Court properly relied on the affidavit and found that appellate counsel was informed, thus making her strategic choice “virt

2019But, 40 Id. at 690-91 . 41 Scott v. State, 7 A.3d 471 (Del. 2010) (citing Evitts v. Lucey, 469 U.S. 387, 394 (1985), reh’g denied, 470 U.S. 1065 (1985); Jones v. Barnes, 463 U.S. 745, 751 (1983)). 42 App. to Opening Br. at A261. 43 Id. 44 Id. 45 Id. 46 Opinion, at *12. 14 appellate counsel’s affidavit states that “[a]fter reviewing the entire record, Counsel raised the issues that she believed, at the time, had the best chance of success on direct appeal.”47 The Superior Court properly relied on the affidavit and found that appellate counsel was informed, thus making her strategic choice “virt

2019But, 40 Id. at 690-91 . 41 Scott v. State, 7 A.3d 471 (Del. 2010) (citing Evitts v. Lucey, 469 U.S. 387, 394 (1985), reh’g denied, 470 U.S. 1065 (1985); Jones v. Barnes, 463 U.S. 745, 751 (1983)). 42 App. to Opening Br. at A261. 43 Id. 44 Id. 45 Id. 46 Opinion, at *12. 14 appellate counsel’s affidavit states that “[a]fter reviewing the entire record, Counsel raised the issues that she believed, at the time, had the best chance of success on direct appeal.”47 The Superior Court properly relied on the affidavit and found that appellate counsel was informed, thus making her strategic choice “virt

2014In Torres v. State, the Delaware Supreme Court held that a cumulative error analysis is unwarranted when the court has determined that no error has occurred. 127 This Court has determined that Mr. Howard’s preceding six claims are without merit, and therefore, a cumulative error analysis is not necessary. 122 Torres v. State, 979 A.2d 1087, 1101 (Del. 2009). 123 Turner v. State, 5 A.3d 612, 615 (Del. 2010) (quoting Wainwright, 504 A.2d 1096, 1100 (Del. 1986); Dutton v. State, 452 A.2d 127, 146 (Del. 1982)). 124 Torres, 979 A.2d at 1101-02 . 125 Def.’s Am.

2014In Torres v. State, the Delaware Supreme Court held that a cumulative error analysis is unwarranted when the court has determined that no error has occurred. 127 This Court has determined that Mr. Howard’s preceding six claims are without merit, and therefore, a cumulative error analysis is not necessary. 122 Torres v. State, 979 A.2d 1087, 1101 (Del. 2009). 123 Turner v. State, 5 A.3d 612, 615 (Del. 2010) (quoting Wainwright, 504 A.2d 1096, 1100 (Del. 1986); Dutton v. State, 452 A.2d 127, 146 (Del. 1982)). 124 Torres, 979 A.2d at 1101-02 . 125 Def.’s Am.

2014In Torres v. State, the Delaware Supreme Court held that a cumulative error analysis is unwarranted when the court has determined that no error has occurred. 127 This Court has determined that Mr. Howard’s preceding six claims are without merit, and therefore, a cumulative error analysis is not necessary. 122 Torres v. State, 979 A.2d 1087, 1101 (Del. 2009). 123 Turner v. State, 5 A.3d 612, 615 (Del. 2010) (quoting Wainwright, 504 A.2d 1096, 1100 (Del. 1986); Dutton v. State, 452 A.2d 127, 146 (Del. 1982)). 124 Torres, 979 A.2d at 1101-02 . 125 Def.’s Am.

2014In Torres v. State, the Delaware Supreme Court held that a cumulative error analysis is unwarranted when the court has determined that no error has occurred. 127 This Court has determined that Mr. Howard’s preceding six claims are without merit, and therefore, a cumulative error analysis is not necessary. 122 Torres v. State, 979 A.2d 1087, 1101 (Del. 2009). 123 Turner v. State, 5 A.3d 612, 615 (Del. 2010) (quoting Wainwright, 504 A.2d 1096, 1100 (Del. 1986); Dutton v. State, 452 A.2d 127, 146 (Del. 1982)). 124 Torres, 979 A.2d at 1101-02 . 125 Def.’s Am.

2014In Torres v. State, the Delaware Supreme Court held that a cumulative error analysis is unwarranted when the court has determined that no error has occurred. 127 This Court has determined that Mr. Howard’s preceding six claims are without merit, and therefore, a cumulative error analysis is not necessary. 122 Torres v. State, 979 A.2d 1087, 1101 (Del. 2009). 123 Turner v. State, 5 A.3d 612, 615 (Del. 2010) (quoting Wainwright, 504 A.2d 1096, 1100 (Del. 1986); Dutton v. State, 452 A.2d 127, 146 (Del. 1982)). 124 Torres, 979 A.2d at 1101-02 . 125 Def.’s Am.