Supreme Court of Delaware

Maniscalco v. State

January 10, 2017

Summary

The Supreme Court of Delaware affirmed the denial of Maniscalco's first motion for postconviction relief. It held that he waived appellate objections by failing to file exceptions to the Commissioner's report and, alternatively, that his proposed ineffective-assistance claim lacked merit because the charged offense required only physical injury to an older victim, not serious physical injury. The Court also upheld denial of leave to amend because the amendment was sought after the State responded and was not required in the interest of justice.