Supreme Court of Delaware

Matter of Harmon

February 13, 2018

Summary

The Court dismissed Harmon’s mandamus petition because he had no clear right to appointed counsel in his first postconviction proceeding, the Superior Court had discretion rather than a mandatory duty to appoint counsel, and an appeal provided an adequate remedy. The Court also rejected Harmon’s reliance on federal precedent as establishing a constitutional right to postconviction counsel. The State’s motion to dismiss was granted.