Supreme Court of Delaware

Urquhart v. State

February 11, 2019

Summary

The Court held that a defendant charged with a serious felony is constitutionally entitled to meaningful pretrial assistance, not merely the physical presence of counsel on the first day of trial. Because counsel failed to meet with Urquhart, review the key evidence, prepare a defense, or meaningfully advise him about plea negotiations, the Court found a complete denial of counsel during a critical pretrial stage and, alternatively, prejudice under an ineffective-assistance analysis. The Superior Court’s judgment was reversed and the case was remanded for the court to determine whether to order a new trial or approve another remedy.