Supreme Court of Delaware

State of Delaware, Plaintiff-Below, Appellant v. Damone Flowers, Defendant-Below, Appellee

October 21, 20162016 Del. LEXIS 553

Summary

The Delaware Supreme Court reversed the Superior Court's grant of post-conviction relief because Flowers's second motion was untimely and repetitive, and the exception to those procedural bars was not properly invoked. The court also held that trial counsel acted reasonably in declining to object to the absence of a truthfulness question before admission of the prior statements, and Flowers failed to establish ineffective assistance or a resulting Confrontation Clause violation. Justice Vaughn, concurring, would also reverse, but on the ground that the Sixth Amendment does not require the State to ask the truthfulness question on direct examination.