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Whitfield v. State

Supreme Court of Delaware

May 15, 2014

RICKY A. WHITFIELD, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee

Submitted: May 2, 2014.

Motion for Rehearing en Banc filed 5/29/14;

Denied 6/4/14.

Case Closed June 4, 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. Cr. ID 86001906DI.

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

OPINION

Henry duPont Ridgely, Justice.

ORDER

This 15th day of May 2014, upon consideration of the briefs of the parties and the record below, it appears to the Court that:

(1) The appellant, Ricky A. Whitfield, filed this appeal from the Superior Court's denial of his third motion for postconviction relief. We find no merit to the appeal. Accordingly, we affirm.

(2) The record reflects that a Superior Court jury convicted Whitfield on October 29, 1986 of attempted murder in the first degree, kidnapping in the first degree, two counts of possession of a deadly weapon during commission of a felony, and reckless endangerment in the first degree. On September 8, 1988, this Court affirmed Whitfield's convictions on direct appeal.[1]

(3) On August 24, 1990, Whitfield filed his first motion for postconviction relief, along with a motion for appointment of counsel, claiming ineffective assistance of counsel and failure of the prosecution to disclose exculpatory evidence. The Superior Court denied the motions on November 1, 1990 and this Court affirmed that decision on April 23, 1991.[2] The United States District Court for the District of ...


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