Palmer motion (Delaware) · Go Syfert
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Palmer motion in Delaware

5 Delaware opinions name it 2 courts 1993–2022 1 in the last five years

The cases below were cited by Delaware courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Baynum v. Stategreen
del · 2019 · cited in 1 Delaware opinions naming this issue, 2022–2022
1 sentence

2022This appeal followed. (5) We review the Superior Court’s denial of postconviction relief for abuse of discretion and questions of law de novo.1 The procedural bars of Rule 61 1 Baynum v. State, 211 A.3d 1075, 1082 (Del. 2019). 2 must be considered before any substantive claims are addressed.2 Ineffective- assistance-of-counsel claims, however, are not subject to Rule 61’s procedural bars and are properly raised in a timely filed motion for postconviction relief.3 Claims of ineffective assistance of counsel are governed by the two-pronged test set forth in Strickland v. Washington.4 In order to

11
Brown v. Stategreen
del · 2015 · cited in 1 Delaware opinions naming this issue, 2022–2022
1 sentence

2022Sept. 16, 2002); Brown v. State, 108 A.3d 1201, 1202 (Del. 2015). 11 See Del.

11
Evans v. Stategreen
del · 2016 · cited in 1 Delaware opinions naming this issue, 2020–2020
1 sentence

2020Because Palmer did not raise his claim of ineffective assistance of counsel below, we will not ordinarily consider it on appeal.2 In any 1 State v. Culp, 152 A.3d 141, 144 (Del. 2016). 2 Del.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Delaware opinions naming this issue, 2019–2019
1 sentence

2019In order to prevail on an ineffective assistance of counsel claim, Palmer must meet the two-pronged Stricklana’ test by showing that: (1) counsel performed at a level “below an objective standard of reasonableness” and that, (2) the deficient performance prejudiced the defense.l3 lOId 'l Palmer v. State, 2017 WL 2924195 , *1 (Del.); State v. Palmer, 2016 WL 2604692 , *2 (Del.Super.). 12 Super.Ct.Crim.R. 6l(g). 13 Strl`ckland v. Washington, 466 U.S. 668, 687-88, 694 (1984).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Delaware. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Moore v. Vanderloo green
iowa · 1986
1 sentence

1997Id.

11997–1997
State v. Hanna green
delsuperct · 1988
1 sentence

1993Because it is well-settled law in Delaware that incriminating statements obtained during an unreasonable delay are inadmissible, State v. Hanna, 542 A.2d at 798-799 , the trial court erred by denying Palmer’s motion to suppress. 8 V Palmer’s conviction is REVERSED and the matter REMANDED to the Superior Court for a new trial.

11993–1993

Where else courts name it

GA 11 (1998–2022) IL 10 (1972–2019) FL 10 (1984–2024) CA 9 (1999–2021) OH 8 (2002–2026) TX 7 (1976–2023) DE 5 (1993–2022) VA 4 (2009–2017) IN 4 (1982–2020) WA 4 (2003–2005) NY 4 (1981–2020) MS 4 (1990–2022) PA 4 (2007–2024) IA 3 (2005–2014) UT 3 (1983–2018) AZ 3 (2012–2020) ME 3 (1989–2019) CO 3 (1984–2025) MT 3 (2013–2014) AL 2 (1999–2002) OR 2 (2005–2015) AK 2 (2016–2016) CT 2 (2010–2011) NE 2 (1996–2016) MD 2 (1981–2008) MI 2 (1976–2009) WV 2 (2001–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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