Derrick Powell, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The Supreme Court of Delaware affirmed the denial of Powell’s motion for post-conviction relief. It held that the State’s delayed disclosure of eyewitness Damian Coleman did not establish a Brady violation because Coleman’s information was not shown to be favorable, was disclosed before closing arguments, and did not prejudice Powell. The court also rejected Powell’s claim that appellate counsel was ineffective for failing to raise the issue and held that the Brady claim was independently barred by Superior Court Criminal Rule 61(i)(3).