Supreme Court of Delaware
Cleveland A. Baldwin, Defendant Below-Appellant v. State of Delaware, Plaintiff Below-Appellee
June 29, 20172017 Del. LEXIS 276
Summary
The court affirmed the summary dismissal of most of Baldwin’s first postconviction claims but reversed as to his claim that trial counsel was ineffective for failing to obtain fingerprint or DNA testing of the alleged weapon. Because that claim had potential merit and was dismissed without appointed counsel, adversarial briefing, an affidavit from trial counsel, or an evidentiary record, the court remanded for appointment of counsel and an amended petition. The court otherwise upheld the procedural bar and merits rulings below.