performance inquiry in Delaware

2025If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, that course should be followed.44 In every case, the court should be concerned with whether, despite the strong presumption of reliability, the result of the particular proceeding is unreliable because of a breakdown in the adversarial process that our system counts on to produce just results.45 The Constitution does not require that the performance of Trial and Appellate Counsel be error free to satisfy the effectiveness standard.46 The performance inquiry turns on whether counsel's assistanc

2024If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, that course should be followed.39 In every case, the court should be concerned with whether, despite the strong presumption of reliability, the result of the particular proceeding is unreliable because of a breakdown in the adversarial process that our system counts on to produce just results.40 The Constitution does not require that the performance of Trial and Appellate Counsel be error free to satisfy the effectiveness standard.41 The performance inquiry turns on whether counsel's assistanc

2026The claims of ineffectiveness are as follows: • Attorney Maurer failed to adequately prepare for trial and neglected key responsibilities related to investigating evidence and witnesses. • He consistently forgot the details of Defendant’s case and pressured the Defendant to take a plea deal that was not in the Defendant’s best interest. • Mr. Maurer later attempted to remove himself from the case after the Defendant declined the plea deal. • Mr. Maurer left the case in the hands of a less experienced associate, Ms. Molly Dugan, who attempted to suppress 44 Strickland, at 697. 45 Id. at 696. 46

2024If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, that course should be followed.39 In every case, the court should be concerned with whether, despite the strong presumption of reliability, the result of the particular proceeding is unreliable because of a breakdown in the adversarial process that our system counts on to produce just results.40 The Constitution does not require that the performance of Trial and Appellate Counsel be error free to satisfy the effectiveness standard.41 The performance inquiry turns on whether counsel's assistanc

2026If it is easier to dispose of an ineffectiveness claim on the ground of lack 39 Id. at 689 . 40 Id. at 681 . 41 Albury, at 687; Zebroski v. State, 822 A.2d 1038, 1043 (Del. 2003); Wright v. State, 671 A.2d 1353, 1356 (Del. 1996). 42 Strickland, at 691. 43 Frey v. Fulcomer, 974 F.2d 348, 358 (3d Cir. 1992). 14 of sufficient prejudice, that course should be followed.44 In every case, the court should be concerned with whether, despite the strong presumption of reliability, the result of the particular proceeding is unreliable because of a breakdown in the adversarial process that our system coun

2025If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, that course should be followed.44 In every case, the court should be concerned with whether, despite the strong presumption of reliability, the result of the particular proceeding is unreliable because of a breakdown in the adversarial process that our system counts on to produce just results.45 The Constitution does not require that the performance of Trial and Appellate Counsel be error free to satisfy the effectiveness standard.46 The performance inquiry turns on whether counsel's assistanc

2026The claims of ineffectiveness are as follows: • Attorney Maurer failed to adequately prepare for trial and neglected key responsibilities related to investigating evidence and witnesses. • He consistently forgot the details of Defendant’s case and pressured the Defendant to take a plea deal that was not in the Defendant’s best interest. • Mr. Maurer later attempted to remove himself from the case after the Defendant declined the plea deal. • Mr. Maurer left the case in the hands of a less experienced associate, Ms. Molly Dugan, who attempted to suppress 44 Strickland, at 697. 45 Id. at 696. 46

2024If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, that course should be followed.39 In every case, the court should be concerned with whether, despite the strong presumption of reliability, the result of the particular proceeding is unreliable because of a breakdown in the adversarial process that our system counts on to produce just results.40 The Constitution does not require that the performance of Trial and Appellate Counsel be error free to satisfy the effectiveness standard.41 The performance inquiry turns on whether counsel's assistanc

2026If it is easier to dispose of an ineffectiveness claim on the ground of lack 39 Id. at 689 . 40 Id. at 681 . 41 Albury, at 687; Zebroski v. State, 822 A.2d 1038, 1043 (Del. 2003); Wright v. State, 671 A.2d 1353, 1356 (Del. 1996). 42 Strickland, at 691. 43 Frey v. Fulcomer, 974 F.2d 348, 358 (3d Cir. 1992). 14 of sufficient prejudice, that course should be followed.44 In every case, the court should be concerned with whether, despite the strong presumption of reliability, the result of the particular proceeding is unreliable because of a breakdown in the adversarial process that our system coun

2026If it is easier to dispose of an ineffectiveness claim on the ground of lack 39 Id. at 689 . 40 Id. at 681 . 41 Albury, at 687; Zebroski v. State, 822 A.2d 1038, 1043 (Del. 2003); Wright v. State, 671 A.2d 1353, 1356 (Del. 1996). 42 Strickland, at 691. 43 Frey v. Fulcomer, 974 F.2d 348, 358 (3d Cir. 1992). 14 of sufficient prejudice, that course should be followed.44 In every case, the court should be concerned with whether, despite the strong presumption of reliability, the result of the particular proceeding is unreliable because of a breakdown in the adversarial process that our system coun

2024The notice clause of the United States Constitution 49 (the “Notice Clause”) 44 Davila v. Davis, 580 U.S. 1158 (2017) ("Effective appellate counsel should not raise every nonfrivolous argument on appeal, but rather only those arguments most likely to succeed." (Citing Smith v. Murray, 477 U.S. 527, 536 (1986); Jones v. Barnes, 463 U.S. 745, 751-753 (1983))). 45 Ploof, 75 A.3d at 832 .

2024The notice clause of the United States Constitution 49 (the “Notice Clause”) 44 Davila v. Davis, 580 U.S. 1158 (2017) ("Effective appellate counsel should not raise every nonfrivolous argument on appeal, but rather only those arguments most likely to succeed." (Citing Smith v. Murray, 477 U.S. 527, 536 (1986); Jones v. Barnes, 463 U.S. 745, 751-753 (1983))). 45 Ploof, 75 A.3d at 832 .

2014In their third exception, respondents argue that there was not sufficient consideration to create an enforceable oral contract to make a will because any improvements Richard and Wanda made to the Property where they resided “worked to their benefit as much as Edward’s.” 117 To make a contract, “some consideration” must 113 545 A.2d 621, 622-23 (Del. 1988) (holding that the Court of Chancery “properly read into 6 Del.

2008Airways, Inc., 341 F.Supp. 26, 73 (E.D.Pa.1972) (applying Delaware law and holding that "the partial performance exception is not available to the 'not to be performed within one year' portion of the statute” in considering an aircraft refinancing agreement); Hull v. Brandywine Fibre Products Co., 121 F.Supp. 108, 114 (D.Del.1954) ("It is equally uncontroverted that partial performance of services under an oral contract not to be performed within a year does not remove the contract from the operation of the Statute of Frauds.”).

2008Airways, Inc., 341 F.Supp. 26, 73 (E.D.Pa.1972) (applying Delaware law and holding that "the partial performance exception is not available to the 'not to be performed within one year' portion of the statute” in considering an aircraft refinancing agreement); Hull v. Brandywine Fibre Products Co., 121 F.Supp. 108, 114 (D.Del.1954) ("It is equally uncontroverted that partial performance of services under an oral contract not to be performed within a year does not remove the contract from the operation of the Statute of Frauds.”).

1999See Weinberger v. UOP, Inc., Del.Supr., 457 A.2d 701, 713 (1983) (determining the Delaware Block approach was too rigid and requiring this Court to allow proof of value “by any techniques or methods which are generally considered acceptable in the financial community and otherwise admissible in court”). 53 .See, e.g., In re Radiology Assocs., Inc. Litig., Del.Ch., 611 A.2d 485 (1991); Cede & Co. v. Technicolor, Inc., Del.Ch., C.A.

1999See Weinberger v. UOP, Inc., Del.Supr., 457 A.2d 701, 713 (1983) (determining the Delaware Block approach was too rigid and requiring this Court to allow proof of value “by any techniques or methods which are generally considered acceptable in the financial community and otherwise admissible in court”). 53 .See, e.g., In re Radiology Assocs., Inc. Litig., Del.Ch., 611 A.2d 485 (1991); Cede & Co. v. Technicolor, Inc., Del.Ch., C.A.

1999Enters., Inc., 709 A.2d 663, 671 (1997) (“It is petitioner’s burden to demonstrate the reasonableness of the comparables selected by its expert in the performance of his analysis.”). 52 .