Supreme Court of Delaware

Backus v. State

January 8, 2021

Summary

The Court affirmed the denial of Backus's first postconviction motion, holding that neither trial nor appellate counsel provided ineffective assistance. Backus failed to show a reasonable probability that additional litigation of witness inconsistencies, the plain-view issue, the validity of the traffic stop, or alleged appellate omissions would have changed the suppression ruling or direct-appeal result. The Court also held that the ordinary prejudice requirement applied because appellate counsel had meaningfully challenged the legality of the traffic stop.