Brunhammer v. State, 384, 2016

In Oct. 2010 Paul Brunhammer was indicted in Delaware for two counts of second-degree rape and one count of sexual solicitation of a child while serving a seven-year New Jersey sentence imposed Sept. 2010.
Brunhammer moved in Aug. 2015 to dismiss the Delaware indictment, arguing the State's delayed lodging of a detainer violated his speedy-trial rights; the Superior Court denied the motion in Dec. 2015 and an interlocutory appeal was dismissed.
On Jan. 20, 2016, after completing the incarcerative portion of his NJ sentence, Brunhammer was returned to Delaware, pleaded not guilty, and obtained continuances for discovery review.
On May 2, 2016 Brunhammer pled guilty to third-degree rape (a lesser-included offense); the State nol prossed the other counts and agreed to recommend no more than 10 years' incarceration.
The Superior Court sentenced Brunhammer on July 15, 2016 to 10 years Level V incarceration (unsuspended) plus two years Level III probation; Brunhammer appealed.
Appellate counsel filed a no-merit brief and moved to withdraw under Supreme Court Rule 26(c); Brunhammer argued the detainer delay denied his speedy-trial rights and raised related prosecutorial-misconduct and ineffective-assistance claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State's delayed filing of a detainer violated Brunhammer's Sixth Amendment speedy-trial right	The delay in lodging the detainer deprived Brunhammer of a timely trial; indictment should be dismissed	Brunhammer waived the right by entering a knowing, voluntary guilty plea that explicitly waived the right to a speedy trial	Waived — plea knowingly, intelligently, voluntarily entered; waiver forecloses review of speedy-trial claim
Whether the detainer delay amounted to prosecutorial misconduct warranting dismissal	Delay was due to prosecutorial misconduct and so mandates remedy	Same waiver argument; no independent review because of plea	Foreclosed by guilty plea; claim not reached on merits
Whether trial counsel was ineffective for failing to challenge detainer delay	Counsel ineffective for not timely raising/pressing speedy-trial/detainer issues	Ineffective-assistance claim not preserved for first consideration on direct appeal; rule bars relief raised first on appeal	Court declines to consider ineffective-assistance claim raised for first time on appeal; not decided on merits

Penson v. Ohio, 488 U.S. 75 (1988) (standards for counsel withdrawing and appellate no-merit briefs)
McCoy v. Court of Appeals of Wisconsin, 486 U.S. 429 (1988) (counsel must conscientiously examine record for arguable issues)
Anders v. California, 386 U.S. 738 (1967) (procedures when counsel seeks to withdraw on grounds appeal is frivolous)
Tollett v. Henderson, 411 U.S. 258 (1973) (guilty plea waives antecedent non-jurisdictional constitutional claims)
Desmond v. State, 654 A.2d 821 (Del. 1994) (ineffective-assistance claims generally not considered for first time on direct appeal)