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

Summary

The Supreme Court of Delaware reversed the Superior Court's grant of post-conviction relief because Flowers's second motion was untimely and repetitive, and he did not establish a constitutional violation warranting an exception to those procedural bars. The court held that trial counsel reasonably chose not to object to the missing truthfulness question accompanying the admission of the prior statements and that Flowers failed to show deficient performance or prejudice. Justice Vaughn, concurring, would also reverse but would hold that the absence of the question did not violate the Sixth Amendment because the witnesses testified under oath and were fully available for cross-examination.