State v. Harrell
1311014669
| Del. Super. Ct. | Jun 5, 2017Background
- In November 2013, Corey M. Harrell shot and killed 17‑year‑old Darby Ford after an earlier fight over a cell phone; Harrell took the phone and fled; he was later found in Philadelphia.
- Harrell was indicted for first‑degree murder and PFDCF; he retained counsel John P. Deckers.
- On March 13, 2015, Harrell pleaded guilty to second‑degree murder and PFDCF in exchange for a reduced charge and a joint sentencing recommendation.
- Sentenced August 21, 2015 to an aggregate term with significant mandatory minimums; the first 18 years included mandatory, non‑suspendable minimum terms.
- Harrell filed a timely pro se Rule 61 motion alleging ineffective assistance of counsel (failure to investigate, inadequate communication, improper plea advice, plea entered under duress).
- The Superior Court expanded the record (counsel affidavit), reviewed the plea colloquy and record, and denied relief, finding counsel’s performance reasonable and Harrell’s plea voluntary and informed.
Issues
| Issue | Harrell's Argument | Deckers/State's Argument | Held |
|---|---|---|---|
| Investigation | Deckers failed to investigate or identify favorable evidence/defenses | Deckers met regularly with Harrell, explored defenses, reviewed discovery, and reasonably declined weak lines | Court: no deficient investigation; allegations conclusory and unsupported; no prejudice shown |
| Communication | Deckers did not adequately inform Harrell of evidence or plea terms | Deckers reviewed evidence and each plea term with Harrell; contemporaneous notes show adequate communication | Court: plea colloquy and record show informed, voluntary plea; claim fails |
| Plea advice | Deckers gave improper advice encouraging guilty plea | Deckers explained strong evidence, discussed risks, but did not say trial impossible and stood ready for trial | Court: advice was reasonable and not coercive; no prejudice |
| Duress/Voluntariness | Plea was entered under duress and would not have been entered but for counsel's errors | Harrell confirmed at colloquy he understood consequences, was not coerced, and was satisfied with counsel | Court: no clear and convincing evidence of duress; Harrell bound by colloquy answers; claim fails |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part standard for ineffective assistance of counsel)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice inquiry when plea is involved requires showing defendant would have gone to trial)
- Albury v. State, 551 A.2d 53 (Del. 1988) (applying plea‑prejudice standard)
- Dawson v. State, 673 A.2d 1186 (Del. 1996) (conclusory allegations insufficient to establish ineffective assistance)
- Somerville v. State, 703 A.2d 629 (Del. 1997) (defendant bound by statements made under oath at plea colloquy)