Whittle v. State, 2016 WL 2585904, at *3 (Del. Apr. 28, 2016); State v. Evan-Mayes, 2016 WL 4502303, at *2 (Del. Super. Aug. 25, 2016). Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); Hitchens v. State, 757 A.2d 1278 (Del. 2000). Albury v. State, 551 A.2d 53, 59 (Del. 1988) (quoting Strickland, 466 U.S. at 694)
DEFENDANT'S MOTION FOR POSTCONVICTION RELIEFStrickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); Hitchens v. State, 757 A.2d 1278 (Del. 2000). State v. Wright, 653 A.2d 288, 295 (Del. Super., 1994).
Defendant must overcome a strong presumption that counsel's conduct was reasonably professional under the circumstances.Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); Hitchens v. State, 757 A.2d 1278 (Del. 2000). State v. Finn, 2012 WL 1980566, at *4 (Del. Super., May 23, 2012).
466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.674 (1984). Hitchens v. State, 757 A.2d 1278 (Del. 2000). The issues raised by Reed concerning withdrawal of his pleas are not new. He raised, then withdrew, them prior to sentencing.
Defendant must overcome a strong presumption that counsel's conduct was reasonably professional under the circumstances.Strickland v. Washington, 466 U.S. 668, 687 (1984); Hitchens v. State, 757 A.2d 1278 (Del. 2000); Somerville v. State, 703 A.2d 629, 631 (1997) (citations omitted). State v. Wright, 653 A.2d 288, 293-94 (Del. Super. 1994) (citations omitted).
Great weight and deference are given to tactical decisions by the trial attorney and counsel cannot be deemed ineffective for failing to pursue motions that lack merit.Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); Hitchens v. State, 757 A.2d 1278 (Del. 2000). Albury v. State, 551 A.2d 53, 59 (Del.1988) (quoting Strickland, 466 U.S. at 694)
"Rule 61 is intended to correct errors in the trial process, not to allow defendants unlimited opportunities to relitigate their convictions."Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); Hitchens v. State, 757 A.2d 1278 (Del. 2000). State v. Wright, 653 A.2d 288, 295 (Del. Super. 1994)
Defendant must overcome a strong presumption that counsel's conduct was reasonably professional under the circumstances.Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); Hitchens v. State, 757 A.2d 1278 (Del. 2000). State v. Wright, 653 A.2d 288, 295 (Del. Super., 1994).
However, where the record establishes that counsel's decision was not a strategic choice, then counsel is not entitled to the presumption of deference set forth in Strickland.Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); Hitchens v. State, 757 A.2d 1278 (Del. 2000). State v. Wright, 653 A.2d 288, 295 (Del. Super. Ct. 1994).
. Strickland, 466 U.S. at 687-88, 694; Hitchens v. State, 757 A.2d 1278 (Del. 2000). State v. Wright, 653 A.2d at 293-94 (citations omitted).