Thomas v. State, 467 A.2d 954, 958 (Del. 1983). State v. Exum, 2002 WL 100576, at *2 (Del.Super.), affirmed, 2002 WL 2017230, at *1 (Del.). Britt's Additional Points for Consideration
39. Horta's trial counsel cannot be deemed ineffective for failing to file a motion for sentence modification when there was no legal or factual basis to do so. See, State v. Exum, 2002 WL 100576, at *2 (Del.Super.), affirmed, 2002 WL 2017230, at *1 (Del.).. 40. Horta has not established that his counsel was deficient in any respect or that he has suffered any actual prejudice therefrom.
State v. Exum, 2002 WL 100576, at *2 (Del.Super.), affirmed, 2002 WL 2017230, at *1 (Del.). Claim Three- Claim of Plea Coercion
B98. State v. Exum, 2002 WL 100576, *2 (Del. Super.), affirmed, 2012 WL 2017230, *1 (Del.). Under the facts and circumstances of this case, both appellate and trial counsel's actions were objectively reasonable.
Trial Counsel's supplemental submission dated April 20, 2022, at pgs. 1-2. State v. Exum, 2002 WL 100576, at *2 (Del.Super.), aff'd, 2002 WL 2017230, at *1 (Del.). An administrative search of a probationer's residence requires only reasonable suspicion that the probationer is in violation of his probation.
See, Mills v. State, 2016 WL 97494, at *3 (Del.); Day v. State, 2011 WL 3617797 (Del.) (claim that counsel was ineffective for failing to file a suppression motion was waived when defendant voluntarily entered his guilty plea, since voluntary guilty plea waives any claims of error occurring prior to the entry of the plea); Hickman v. State, 1994 WL 590495 (Del.). State v. Exum, 2002 WL 100576, at *2 (Del.Super.), affirmed, 2002 WL 2017230. at *1 (Del.). Affidavit of Trial Counsel in response to Perez's Rule 61 motion, at pg. 2.
Id., at pg. 741. State v. Exum, 2002 WL 100576, at *2 (Del.Super.), affirmed, 2002 WL 2017230, at *1 (Del.).
Id., at pg. 741. State v. Exum, 2002 WL 100576, at *2 (Del.Super.), affirmed, 2002 WL 2017230, at *1 (Del.). Younger v. State, 580 A.2d 552, 556 (Del. 1990); State v. Brown, 2004 WL 74506, *2 (Del.Super. 2004) (conclusory and unsubstantiated allegations of unprofessional conduct are insufficient to support a motion for postconviction relief).
March 23, 2018 Sentencing Transcript, at pgs. 5-14. State v. Exum, 2002 WL 100576, at *2 (Del.Super.), affirmed, 2002 WL 2017230, at *1 (Del.). Younger v. State, 580 A.2d 552, 556 (Del. 1990); State v. Brown, 2004 WL 74506, *2 (Del.Super. 2004)(conclusory and unsubstantiated allegations of unprofessional conduct are insufficient to support a motion for postconviction relief).
Superior Court Docket No. 102-January 3, 2018 Affidavit of Trial Counsel, at *2. State v. Exum, 2002 WL 100576, at *2 (Del. Super.), affirmed, 2002 WL 2017230, at *1 (Del.). Trial counsel further represents that he believed it would be in Rosser's best interest to move forward on all the charges at the same time given his belief that there was a possibility that the State's witnesses were not going to be cooperative.