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State v. Williams

Superior Court of Delaware, New Castle

December 5, 2014

STATE OF DELAWARE
v.
BRANDON Z. WILLIAMS, Defendant.

Upon Defendant's Motion for Postconviction Relief – SUMMARILY DISMISSED, in part.

Joseph S. Grubb, Deputy Attorney General Beth D. Savitz, Esquire Brandon Williams, Defendant

Fred S. Silverman, Judge

1. On August 12, 2014, the Supreme Court of Delaware issued its mandate affirming Defendant's convictions of Burglary Second Degree, Unlawful Use of Credit Card, Misdemeanor Theft, and Resisting Arrest.

2. On October 22, 2014, Defendant filed this motion for postconviction relief under Superior Court Criminal Rule 61.

3. In part, the motion alleges trial errors, such as prosecutorial misconduct and judicial abuse of discretion. Upon preliminary review[1] after proper referral, [2] it appears from the record that those claims are procedurally barred.[3] They were either raised during the just-decided direct appeal, or they should have been. Defendant has shown neither cause for his procedural default nor prejudice.[4]

4. Defendant also alleges ineffective assistance of counsel at trial. For example, he claims defense counsel "cohersed Defendant into not testifying on his own behalf." Defendant's ineffective assistance of counsel claim is timely, and it is not barred.

For the foregoing reasons, Defendant's trial counsel SHALL submit an affidavit within 30 days of this order's date responding to Defendant's ineffective assistance of counsel claims. Thereafter, the court may appoint new counsel, consistent with Superior Court Criminal Rule 61(e)(3).

IT IS SO ORDERED.


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