State v. Reed, 1308004342 1005013493

Devon D. Reed pleaded guilty on May 24, 2011 to possession with intent to deliver heroin, possession of a firearm by a person prohibited, and first‑degree reckless endangering; received Level V sentences with some portions suspended to Level III.
Separately, on January 9, 2014 Reed pled guilty to drug dealing and tampering with physical evidence pursuant to a plea cap by the State of 3 years; on March 21, 2014 the court sentenced him to 4 years at Level V as a habitual offender.
Reed filed multiple Rule 35 motions to modify the 2014 sentence (all denied) and filed postconviction motions challenging both the 2011 and 2014 convictions; he also sought appointment of counsel.
Reed’s 2014 challenges alleged (1) ineffective assistance of counsel at sentencing for failing to secure the agreed 3‑year cap and (2) that the State breached the plea cap. His 2011 challenge alleged his guilty plea was involuntary/coerced because of irregularities at the Office of the Chief Medical Examiner (OCME).
The court considered counsel’s affidavit and prior Delaware precedent holding courts need not accept plea sentencing recommendations and that OCME evidence mishandling does not, by itself, invalidate knowing guilty pleas.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective at 2014 sentencing	Reed: counsel failed to protect plea integrity and didn’t ensure the agreed 3‑year cap	Counsel argued he sought to persuade the judge to impose the capped sentence but judge discretion controls	Denied — no deficient performance shown; judge not bound by plea recommendation
Whether State breached plea agreement at sentencing (2014)	Reed: State failed to honor its cap recommendation	State: recommendation is not binding on court; no breach that invalidates plea	Denied — court not bound by State recommendation; no remedy
Whether 2011 guilty plea was involuntary due to OCME irregularities	Reed: OCME evidence problems coerced or otherwise tainted plea so plea was not knowing/voluntary	State: plea was knowing; OCME issues do not negate a voluntary confession of guilt	Denied — plea was voluntary; OCME mishandling is not grounds to vacate guilty pleas in these circumstances
Whether appointment of counsel was required	Reed: requested counsel for postconviction proceedings	Court: appointment contingent on showing substantial ineffective‑assistance claim that would vacate conviction	Denied as moot after motions were denied

Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard: deficient performance and prejudice)
United States v. Ruiz, 536 U.S. 622 (plea may be accepted despite imperfect knowledge of all circumstances)
Brown v. State, 108 A.3d 1201 (Del. 2015) (OCME irregularities do not require vacatur of a voluntary guilty plea)
Ploof v. State, 75 A.3d 811 (Del. 2013) (standards for evaluating counsel performance)
Somerville v. State, 703 A.2d 629 (Del. 1997) (court not bound by negotiated sentence recommendation)
Aricidiacono v. State, 125 A.3d 677 (Del. 2015) (affirming denials of postconviction relief related to OCME issues)