Supreme Court of Delaware

In a first-degree murder case, denial of post-conviction relief is affirmed where: 1) defendant's motion for relief was not time-barred; but 2) after declaring the motion time-barred, the lower court nonetheless applied the proper standard of review in determining whether defendant had been denied the effective assistance of counsel.

Appellate Information

• Decided 10/17/2008
• Published 10/17/2008

Judges

• HOLLAND, Justice., Before HOLLAND, BERGER and RIDGELY, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Anthony A. Figliola, Jr., Esquire, Figliola & Facciolo, Wilmington, Delaware, and James S. Friedman, Esquire, Newark, New Jersey, for appellant.


• For Appellees:
  
• Paul R. Wallace, Esquire, Chief of Appeals, and James T. Wakley, Esquire, Department of Justice, Wilmington, Delaware, for appellee.