Victor Rodriguez, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The Supreme Court of Delaware affirmed the denial of Victor Rodriguez’s motion for postconviction relief. It held that Rodriguez failed to establish either deficient performance or prejudice under the two-part ineffective-assistance standard, and that the Superior Court acted within its discretion in denying requests for expert funding and evidentiary hearings. The court also rejected his claim that counsel was ineffective for not seeking suppression of the bicycle and boots because the proposed suppression motion lacked merit. STRINE, Chief Justice, concurring, agreed with the result but disagreed that counsel’s deferral of the opening statement was necessarily a reasonable strategic decision and questioned reliance on a presumption that jurors follow curative instructions.