Supreme Court of Delaware
Asbury v. State
September 25, 2019
Summary
The Supreme Court of Delaware affirmed the denial of Robert Asbury’s motion for postconviction relief. It held that trial counsel was not ineffective for failing to investigate or call identified witnesses, challenge the indictment, or request a bill of particulars because Asbury showed neither objectively unreasonable performance nor a reasonable probability of a different result. The Court also rejected Asbury’s claims concerning postconviction counsel’s alleged conflict and inadequate record review, concluding that the appeal was wholly without merit under the withdrawal procedure.