George L. Reynolds v. Jack C. Ellingsworth, Warden and Charles M. Oberly, III

SUR DENIAL OF REHEARING

In their petition for rehearing, appellees raise three points that merit discussion. First, they argue that Delaware Superior Court Criminal Rule 511 acts as a procedural bar to claims raised for the first time in a proceeding brought pursuant to Delaware Superior Court Criminal Rule 35, where counsel had made a tactical choice not to object at trial or to present the issue on appeal. We cannot read this specific requirement into the general language of Conyers v. State, 422 A.2d 345 (Del.1980) (per curiam). Conyers does not refer to, or rely upon, Rule 51. The other…