Arrest of william strickland in delaware for robbery
McCoy's conviction became final on or about September 17, This motion was filed on October 16, , outside the applicable one-year limit. McCoy's claims, at this late date, are time-barred. Rule 61 i 2 and Rule 61 i 5 further preclude this court's consideration of McCoy's motion since McCoy has not satisfied the pleading requirements for proceeding with this motion.
Since McCoy's motion was not timely filed, in order to overcome the procedural hurdles, McCoy must establish that the court lacked jurisdiction; or that new evidence exists that creates a strong inference that defendant is actually innocent of the underlying charges for which he was convicted; or that the existence of a new rule of constitutional law made retroactive to this case would render his convictions invalid. In the subject motion, McCoy is unable to overcome the procedural hurdles of Rule 61 i 3 by showing an exception in Rule 61 i 5 applies.
McCoy has not established that the court lacked jurisdiction, that any new evidence existed to create a strong inference that he is actually innocent of the underlying charges, or that a new rule of constitutional law exists that would render his conviction invalid. As such, McCoy has failed to meet the pleading requirements allowing him to proceed with his Rule 61 motion.
Rule 61 i 3 further prevents this court from considering any claim raised by McCoy at this late date that had not previously been raised. McCoy was aware of, had time to, and the opportunity to raise the claims presented herein in a timely filed motion. McCoy had time and opportunity to raise any issue raised herein in a timely filed postconviction motion.
There is no just reason for McCoy's delay in doing so. Having been provided with a full and fair opportunity to present any issue desired to be raised in a timely filed motion, any attempt at this late juncture to raise, re-raise or re-couch a claim is procedurally barred. Finally, Rule 61 i 4 precludes this court's consideration of the claims presented herein since the claims regarding McCoy's guilty plea have already been formally adjudicated in McCoy's motion to withdraw his guilty plea.
The Superior Court has already held that McCoy failed to set forth any basis that would warrant the withdrawal of the plea. The Superior Court already ruled that there were no procedural defects in the taking of the plea, which McCoy entered into the plea knowingly and voluntarily, with full knowledge of the consequences. This claim cannot now be re-stated, refined and re-raised in order to again seek review.
The claims raised in McCoy's Rule 61 motion are time-barred and otherwise procedurally barred. Younger v. State , A. Johnson v. In addition to McCoy's claims being procedurally barred, his claims were also waived upon the entry of his plea. A defendant is bound by his answers on the guilty plea form and by his testimony at the plea colloquy in the absence of clear and convincing evidence to the contrary.
In this case, the Superior Court, when deciding McCoy's Motion to Withdraw his Guilty Plea, already concluded that the plea was made knowingly and intelligently. The Superior Court already held that the decision to enter into the plea was made with a full understanding of the nature of the charges and the consequences of the plea.
The Morning News from Wilmington, Delaware · Page 8
The Superior Court already noted that the decision to enter into the plea was well informed and that the plea represented a fair and appropriate resolution of the cases against McCoy. Indeed, the plea colloquy and McCoy's answers on the Truth-In-Sentencing Guilty Plea Form reflect that McCoy was satisfied with his counsel's representation, that he was voluntarily entering into his guilty plea, that he was guilty of each of the charges for which he was pleading guilty, and that he understood the trial and appellate rights he was waiving by entering into the plea agreement.
McCoy has not presented any clear, contrary evidence to call into question his testimony at the plea colloquy, Plea Agreement or answers on the Truth-in-Sentencing Guilty Plea Form. Since McCoy's plea was entered into voluntarily, intelligently and knowingly, he waived his right to challenge any alleged errors, deficiencies or defects occurring prior to the entry of his plea, even those of constitutional proportions. McCoy's claims presented herein stem from allegations of defects, errors, misconduct and deficiencies which existed at the time of the entry of the plea.
McCoy's claims were waived when he knowingly, freely and intelligently entered his plea. State v. Somerville v.
REVEL v. PIERCE
State , WL Del. See, Mills v. In addition to McCoy's claims being procedurally barred and waived, McCoy's claims are also without merit. Turning first to McCoy's claim that following his plea there was new evidence that the firearms and tool marks examiner was arrested for "fraudulent and illegal activity. Carl Rone, a firearms and tool mark examiner for the Delaware State Police was arrested for theft by false pretense and falsifying business records for falsifying his time sheets.
Rone's arrest and charges do not give rise to any claim by a defendant who entered into a guilty plea. The Delaware Supreme Court held that when a defendant enters into a guilty plea, the defendant waives certain constitutional trial and appellate rights. Evidence that challenges the credibility of a witness constitutes impeachment evidence.
A defendant has no constitutional right to receive impeachment evidence before deciding to plead guilty, and a defendant's knowing, intelligent and voluntary plea waives any right he had to test the strength of the State's evidence against him at trial, including the weight of any firearms evidence. McCoy represented to the court at the time of his plea hearing that he knowingly waived his rights to test the strength of the State's evidence against him at trial. In so doing, McCoy waived his right to test the State's evidence by cross-examining the firearms examiner.
Furthermore, the record is devoid of any evidence to suggest that the ballistics report in this matter was incorrect in any regard or that there is any basis to assert a claim of legal innocence. This claim is without merit. McCoy's remaining two claims involve allegations of ineffective assistance of counsel. In order to prevail on an ineffective assistance of counsel claim, the defendant must meet the two-pronged Strickland t est by showing that: 1 counsel performed at a level "below an objective standard of reasonableness" and that, 2 the deficient performance prejudiced the defense.
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