State v. Ellis
1511007511
| Del. Super. Ct. | Oct 18, 2016Background
- 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)
