Washington v. State

Full title: TYRONE WASHINGTON, Defendant Below, Appellant, v. STATE OF DELAWARE…

Court: SUPREME COURT OF THE STATE OF DELAWARE

Date published: Jul 20, 2017

No. 495, 2016 (Del. Jul. 20, 2017)

Opinion

No. 495, 2016

07-20-2017

TYRONE WASHINGTON, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

Karen L. Valihura Justice

Court Below-Superior Court of the State of Delaware Cr. ID No. 9909013061 (S) Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices. ORDER

This 20^th 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