Supreme Court of Delaware
Everett Urquhart, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee.
January 24, 2019203 A.3d 719
Summary
The Delaware Supreme Court held that Urquhart was effectively denied counsel during the critical pretrial period because trial counsel did not meaningfully meet with him, review key evidence, prepare a defense, or conduct informed plea discussions before trial. The court concluded that the circumstances warranted relief under the Cronic presumption and that, alternatively, the record demonstrated prejudice under Strickland based on the lost plea opportunity. The judgment was reversed and remanded for the Superior Court to determine whether to order a new trial or implement another agreed remedy. Justice Vaughn, dissenting, would have treated the claim solely under Strickland and affirmed because Urquhart had not shown actual prejudice.