History
  • No items yet
midpage
State v. Ellis
1511007511
| Del. Super. Ct. | Oct 18, 2016
Read the full case

Background

  • Defendant Stephen Ellis was on probation for Robbery Second Degree and prohibited from possessing a firearm at the May 16, 2015 arrest.
  • A loaded handgun was found in constructive possession; the firearm was later revealed to be stolen and bore Ellis’s fingerprint.
  • Ellis was charged on November 13, 2015 with Possession of a Firearm by a Person Prohibited, Carrying a Concealed Deadly Weapon, and Receiving a Stolen Firearm.
  • Defense Counsel was appointed and represented Ellis during case reviews and plea negotiations.
  • Ellis pleaded guilty to PFBPP on April 26, 2016; remaining charges were dismissed; sentence was 10 years at Level V with various suspensions per the plea agreement.
  • Ellis filed a PCR motion on August 17, 2016; the court denied relief.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Ineffective assistance of counsel in plea context Ellis contends counsel failed to pursue evidentiary challenges and coerced the plea State argues no deficiency; plea was voluntary per colloquy; no prejudice shown PCR denied; no concrete prejudice shown; plea colloquy binding

Key Cases Cited

  • Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong standard for ineffective assistance)
  • Somerville v. State, 703 A.2d 629 (Del. 1997) (plea colloquy reliability and collateral review principles)
  • Miller v. State, 840 A.2d 1229 (Del. 2003) (prejudice analysis in plea-related ineffective assistance)
  • Downer v. State, 543 A.2d 309 (Del. 1988) (defendant must show concrete prejudice to obtain relief)
  • Bramlett v. A.L. Lockhart, 876 F.2d 644 (8th Cir. 1989) (cited for collateral-attack and voluntariness considerations)
Read the full case

Case Details

Case Name: State v. Ellis
Court Name: Superior Court of Delaware
Date Published: Oct 18, 2016
Docket Number: 1511007511
Court Abbreviation: Del. Super. Ct.