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.