Bussey v. State

Summary

The Supreme Court of Delaware affirmed the denial of Tyrone Bussey’s postconviction motion alleging ineffective assistance of counsel. The court assumed counsel may have been deficient in failing to challenge certain out-of-court statements and cross-examine the officers who presented them, but held that Bussey could not establish prejudice because other evidence supported the conclusion that he possessed a gun. The court also held that the State’s procedural-bar argument was waived and, in any event, did not accurately characterize Bussey’s claim.