State v. Reid
1511011664
| Del. Super. Ct. | Dec 6, 2017Background
- Gregory W. Reid pled guilty on April 19, 2016 to Driving Under the Influence (6th offense) and was sentenced June 24, 2016 to 8 years at Level V suspended after 2 years (mandatory minimum) with 2 years at Level IV (CREST) and probation thereafter.
- Arrest occurred November 19, 2015 after officers responded to a welfare check; Reid showed strong odor of alcohol, failed field sobriety tests, PBT .184%, and Intoxilyzer .201% after 20-minute observation; officers noted five prior Pennsylvania DUI convictions (1991–2012).
- Reid did not appeal his conviction or sentence but filed a sentence modification motion (denied) and a Rule 61 postconviction motion on June 29, 2017 raising four grounds: illegal detention/search, civil-rights/conditions of confinement, challenge to use of out-of-state DUI convictions over 10 years old, and ineffective assistance of counsel.
- The commissioner reviewed Reid’s Rule 61 filing and trial counsel’s affidavit, found no need for a State response or evidentiary hearing, and analyzed the claims on the merits where appropriate.
- Commissioner concluded Reid’s guilty plea waived evidentiary challenges to the State’s case, Delaware law permits use of out-of-state DUIs as predicate offenses, Reid’s ineffective-assistance claims were conclusory and unmet under Strickland, and denied a request for transcripts as unjustified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Illegal detention, arrest, search/seizure | Reid contends detention and evidence were insufficient and video would exonerate him | State relies on affidavit of probable cause (odor, failed FSTs, PBT, Intoxilyzer) and guilty plea | Waived by Reid’s knowing, voluntary guilty plea; procedurally barred and meritless |
| 2. Civil-rights/conditions at Vaughn prison | Reid alleges lack of counsel during pretrial confinement and improper bail classification | No cognizable Rule 61 claim shown; counsel disputes allegations | Dismissed as without merit and not cognizable under Rule 61 |
| 3. Use of out-of-state convictions older than 10 years to enhance charge | Reid argues foreign convictions >10 years should not be used and cites a conflict with D.R.E. 609 | State/trial counsel: Delaware law allows out-of-state DUIs as predicate; D.R.E. 609 inapplicable to sentencing | Rejected; Delaware law permits use of out-of-state DUI convictions for sentencing |
| 4. Ineffective assistance of counsel (coercion to plead) | Reid alleges counsel coerced plea and failed to exonerate him | Trial counsel denies coercion; record shows discussion of sentencing exposure and prior convictions | Denied: Reid’s allegations are conclusory and fail Strickland prejudice and performance prongs; would not have shown he’d refuse plea and go to trial |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Tollett v. Henderson, 411 U.S. 258 (1973) (guilty plea waives pre-plea non-jurisdictional claims)
- Younger v. State, 580 A.2d 552 (Del. 1990) (standards for postconviction ineffectiveness and waiver)
- Miller v. State, 840 A.2d 1229 (Del. 2004) (ineffective assistance in plea context requires showing one would have insisted on trial)
- State v. Laboy, 117 A.3d 562 (Del. 2015) (Delaware law on use of out-of-state DUI convictions for enhancement)