Supreme Court of Delaware

Robert W. Jackson, Iii, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

May 23, 201121 A.3d 27

Summary

The Delaware Supreme Court affirmed the denial of Jackson’s second motion for postconviction relief. It held that defense counsel’s sidebar remarks did not create an objectively unacceptable appearance of judicial impropriety, did not establish that the sentencing judge relied on undisclosed information in violation of due process, and did not amount to ineffective assistance of counsel. The court concluded that neither presumed nor actual prejudice had been shown. No separate opinions were filed.