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Ducoin v. State

Supreme Court of Delaware

May 14, 2014

EDWARD A. DUCOIN, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee

Submitted May 14, 2014.

Case Closed May 20, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below: Superior Court of the State of Delaware, in and for New Castle County. I.D. 1011002958.

Before STRINE, Chief Justice, HOLLAND, and RIDGELY, Justices.

OPINION

Leo E. Strine, Jr., Chief Justice.

ORDER

This 14th day of May 2014, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that:

Edward A. DuCoin appeals from the Superior Court's denial of his motion to withdraw his guilty plea. The Superior Court's decision whether to grant a motion to withdraw a guilty plea is subject to review for abuse of discretion.[1] On appeal, DuCoin has raised serious factual allegations regarding whether the counsel who represented him when he pled guilty provided him with effective assistance of counsel. But, this Court cannot consider those factual arguments on a clean slate. Rather, we must defer to the Superior Court's factual determinations if they are adequately grounded in the record.[2] In deciding to deny the appellant's motion to withdraw his guilty plea, the Superior Court issued a detailed written opinion that applied the correct legal standard and made factual determinations that are supported by sufficient evidence.[3] Thus, we conclude that the Superior Court did not abuse its discretion.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.


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