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Kalil v. State

Supreme Court of Delaware

June 5, 2014

JAMES P. KALIL, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted: March 12, 2014.

Motion for Reargument/Rehearing en Banc filed 6/12/14;

Denied 6/16/14.

Case Closed June 16, 2014.

Petition for certiorari filed at, 07/25/2014

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 No. 1002002075.

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

OPINION

Jack B. Jacobs, Justice.

ORDER

This 5th day of June 2014, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that:

1. In June 2011, defendant-below/appellant, James P. Kalil (" Kalil" ) pled guilty to one count of Manslaughter and one count of Possession of a Deadly Weapon During the Commission of a Felony. Kalil appeals from a Superior Court order denying his motion for postconviction relief. Kalil argues that the Superior Court erred in three respects: (i) by coercing his guilty plea; (ii) by depriving him of his right to counsel of his choice in the underlying conviction proceedings; and (iii) by permitting him to be represented by defense counsel who was ineffective. Because Kalil's claims are either procedurally barred or meritless, we affirm the Superior Court's judgment.

2. In early February 2010,[1] Kalil and Scott Brooks (" Brooks" ) both resided at the Oxford House, a facility for recovering substance abusers, in Wilmington, Delaware. On February 3, 2010, the City of Wilmington Police responded to a reported stabbing at the Oxford House. Upon arriving at the scene, the police found Kalil on the front porch with his hands covered in blood. A kitchen knife was found near him, and Brooks was found inside the house, lying in a pool of blood at the bottom of the stairway. Brooks had been stabbed seven times, once in the left side of his neck, the right side of his chest, and the left armpit area, and twice in his left leg and his left wrist. Brooks also suffered a blunt force trauma on his forehead. ...


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