Darius O. Harden, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee.

Summary

The Supreme Court of Delaware held that Harden was prejudiced by ineffective assistance at sentencing because newly assigned counsel failed to prepare him for allocution, investigate mitigation, or develop a rational sentencing strategy. Counsel instead sought a sentence below the State's recommended cap without a reasoned basis, and Harden's unprepared allocution contributed to the sentencing judge's finding of inadequate remorse. The court reversed and remanded for resentencing before a different judge.