ineffective counsel claim in Delaware

2019Feb. 14, 2019) (“Typically an ineffective counsel claim is pursued through a motion for postconviction relief under Superior Court Criminal Rule 61 and is adjudicated on the basis of the record developed during the postconviction proceeding.”). 4 Wainwright v. State, 504 A.2d 1096, 1100 (Del. 1986). 5 Id. 6 cause were not at issue at trial.

2019Feb. 14, 2019) (“Typically an ineffective counsel claim is pursued through a motion for postconviction relief under Superior Court Criminal Rule 61 and is adjudicated on the basis of the record developed during the postconviction proceeding.”). 4 Wainwright v. State, 504 A.2d 1096, 1100 (Del. 1986). 5 Id. 6 cause were not at issue at trial.

2018Sept. 29, 2016) (holding that the Superior Court did not err when finding that the smell of marijuana constituted probable cause). 7 Desmond v. State, 654 A.2d 821, 829 (Del. 1994). 8 Id. 4 (8) Finally, the record reflects an error in the date of the Superior Court’s sentence order.

2018As a general rule, we will not consider a claim of ineffective assistance of counsel on direct appeal when, as in Watson’s case, the claim was not raised in the Superior Court in the first instance.7 Typically, an ineffective counsel claim is pursued through a motion for postconviction relief under Superior Court Criminal Rule 61 and is adjudicated on the basis of the record developed during the postconviction proceeding.8 4 Plain error review “is limited to material defects which are apparent on the face of the record, which are basic, serious and fundamental in their character, and which cle

2016Somerville v. State, 703 A.2d 629, 631 (Del. 1997). 6 Ira Brown v. State, 108 A.3d 1201, 1206 (Del. 2015); Carrero v. State, 2015 WL 3367940 , at *2 (Del.

2016On appeal from that order, Grayson reiterates the claims raised in the postconviction proceedings. (10) To prevail on a postconviction claim of ineffective assistance of counsel in the context of a guilty plea, a movant must show that counsel’s representation fell below an objective standard of reasonableness and that, but for counsel’s unprofessional errors, there is a reasonable probability that the movant would not have pleaded guilty and would have insisted on going to trial.‘* This Court has stated that it is preferable for the Superior Court to obtain counsel’s affidavit in response to c

2016Brown’s defense counsel filed an affidavit and supplemental affidavit denying the ineffectiveness allegations, and the State responded to the postconviction motions. (5) By order dated January 8, 2016, the Superior Court issued a detailed and thorough decision denying Brown’s pro se motion for postconviction relief as 4 373 U.S. 83 (1963).

2016Dawson v. State, 673 A.2d 1186, 1190 (Del. 1996). 5 When considering the merit of an ineffective counsel claim in the context of a guilty plea, we determine whether the appellant demonstrated that, but for the alleged errors of defense counsel, the appellant would not have pled guilty but would have insisted on going to trial.

2016Somerville v. State, 703 A.2d 629, 631 (Del. 1997). 6 Ira Brown v. State, 108 A.3d 1201, 1206 (Del. 2015); Carrero v. State, 2015 WL 3367940 , at *2 (Del.