Supreme Court of Delaware
Cook v. State
June 26, 2014
Summary
The Supreme Court of Delaware affirmed the summary dismissal of Leroy Cook's sixth motion for postconviction relief and the denial of appointed counsel. It held that the amended rule requiring appointment of counsel for an indigent movant's first postconviction proceeding applied only to motions filed on or after May 6, 2013, and therefore did not provide Cook a right to counsel for his sixth motion. The court also upheld the determination that Cook's claims were procedurally barred and that he had not overcome the applicable procedural hurdles.