Supreme Court of Delaware

Simmers v. State

September 25, 2017

Summary

The Supreme Court of Delaware affirmed the denial of Simmers’s first motion for postconviction relief. It held that one misconduct claim was barred because it had already been adjudicated, while the sufficiency and credibility claims were procedurally barred because they were not raised earlier and Simmers failed to establish cause and prejudice. The court also agreed that trial and appellate counsel were not ineffective because the alleged errors reflected objectively reasonable strategic decisions and did not satisfy the required prejudice showing.