Washington v. State ( 2017 )


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  •               IN THE SUPREME COURT OF THE STATE OF DELAWARE
    TYRONE WASHINGTON,                           §
    §      No. 495, 2016
    Defendant Below,                    §
    Appellant,                          §      Court Below–Superior Court of
    §      the State of Delaware
    v.                                  §
    §      Cr. ID No. 9909013061 (S)
    STATE OF DELAWARE,                           §
    §
    Plaintiff Below,                    §
    Appellee.                           §
    Submitted: May 26, 2017
    Decided:   July 20, 2017
    Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices.
    ORDER
    This 20th day of July 2017, after careful consideration of the parties’ briefs,
    we find it evident that the judgment below should be affirmed on the basis of the
    Superior Court’s well-reasoned letter opinion, dated September 21, 2016, denying
    the appellant’s first, untimely filed, motion for postconviction relief.1 The Superior
    Court was not required to request an affidavit from the appellant’s trial counsel when
    the ineffective assistance of counsel claims were more than a decade old.2
    1
    State v. Washington, 
    2016 WL 5239644
    (Del. Super. Sept. 21, 2016).
    2
    Shockley v. State, 
    2013 WL 167005
    , *2 (Del. Jan. 15, 2013).
    NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
    Court is AFFIRMED.
    BY THE COURT:
    /s/ Karen L. Valihura
    Justice
    2
    

Document Info

Docket Number: 495, 2016

Judges: Valihura J.

Filed Date: 7/20/2017

Precedential Status: Precedential

Modified Date: 7/21/2017