Legal Opinion

Duross v. State

Supreme Court of Delaware

Decided June 13, 1985PublishedCited by 50 opinions

1Opinion of the Court

HORSEY, Justice:

We here consider the question of whether the decision of the United States Supreme Court in Strickland v. Washington — U.S. -, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), requires a modification of our State’s well-established rule that a claim of ineffective assistance of counsel will not be heard on direct or postconviction appeal, unless that claim had been raised below. We find that such established rule is not inconsistent with Strickland, and we decline to consider the defendant’s claim on direct appeal. Accordingly, we affirm.

I

Following a jury trial, the defendant,. Donald…

2Cases cited6 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harris v. StateSupreme Court of Delaware · 1972
  3. Collins v. StateSupreme Court of Delaware · 1980
  4. Oney v. StateSupreme Court of Delaware · 1982
  5. Preston v. StateSupreme Court of Delaware · 1973

1 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Flamer v. StateSupreme Court of Delaware · 1990
  2. Desmond v. StateSupreme Court of Delaware · 1994
  3. Leacock v. StateSupreme Court of Delaware · 1996
  4. Cooke v. StateSupreme Court of Delaware · 2009
  5. Bailey v. StateSupreme Court of Delaware · 1987

45 more not listed; retrieve them via the Exa API.

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