Submitted: Oct. 2, 2013.
Rehearing En Banc Denied Dec. 20, 2013.
[Copyrighted Material Omitted]
Court Below— Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0107017041.
Upon appeal from the Superior Court. AFFIRMED.
Tyrone Guy, pro se, Vaughn Correctional Center, Smyrna, Delaware, appellant.
Maria T. Knoll, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, for appellee.
Before HOLLAND, BERGER and RIDGELY, Justices.
In this appeal from the Superior Court's denial of Tyrone Guy's (" Guy" ) motion for postconviction relief, we address how the procedural bars of Superior Court Criminal Rule 61 apply to Guy's claims, including his claim of ineffective assistance of postconviction counsel. Guy advances two arguments in this appeal: first, that the Superior Court erred during his trial by failing to give the " modified Bland "  jury instruction on accomplice testimony mandated by this Court's 2012 decision in Brooks v. State;  and second, that his appointed counsel was ineffective in his first postconviction proceeding for failing to present ten out of eleven claims of ineffective assistance of trial counsel. We conclude that Guy's claims are untimely and that his first claim was previously adjudicated. Guy has failed to overcome these procedural hurdles. Accordingly, we affirm the Superior Court's judgment in this case, although we do so on independent and alternative grounds.
In July 2004, a Superior Court jury convicted Guy of Intentional Murder in the First Degree, Felony Murder in the First Degree, Possession of a Firearm During the Commission of a Felony, Attempted Robbery in the First Degree, and Robbery in the Second Degree for the robbery and murder of an ice cream truck operator, Abdullah Alameri. The Superior Court sentenced Guy to two life terms of imprisonment plus a term of years. Guy raised eight issues on direct appeal, including a claim that the Superior Court erred in denying defense counsel's request for a jury instruction on accomplice testimony in response to the trial testimony of Robert Zayas (" Zayas" ), who Guy alleged was an uncharged coconspirator in his crimes. The Superior Court denied defense counsel's request for the jury ...