State v. Turner

Summary

The Delaware Superior Court denied Javon Turner’s motion for postconviction relief under Superior Court Criminal Rule 61. Turner alleged ineffective assistance of counsel concerning information about a codefendant’s plea, suppression issues, indictment timing, continuances, and speedy-trial matters. The court held that counsel’s performance was professionally reasonable, Turner’s guilty plea foreclosed challenges to preceding events, and he failed to establish prejudice.

Holdings

1. Turner failed to establish deficient performance or prejudice because the record showed that Thompson had no cooperation or testimony agreement with the State, Turner knew of Thompson's plea and sentence before entering his own plea, and counsel negotiated a favorable plea resolving the case.
2. Turner's guilty plea foreclosed challenges to alleged errors occurring before entry of the plea, including the asserted pretrial defects.
3. Counsel was not ineffective for declining to move to suppress surveillance footage of Turner in public because Turner had no reasonable expectation of privacy in his movements in public areas.
4. Counsel was not ineffective for declining to seek suppression of the firearm because the weapon was abandoned, and abandoned property is not protected by the Fourth Amendment.
5. Turner failed to establish ineffective assistance based on indictment timing, continuances, or speedy-trial issues because counsel filed an indictment challenge, the indictment was returned before the motion became material, the delay did not violate speedy-trial rights, and Turner chose to plead guilty.

Questions Presented

1. Whether trial counsel was ineffective for failing to inform Turner of an alleged agreement or newly discovered statements involving co-defendant Meziah Thompson.
2. Whether trial counsel was ineffective for failing to pursue additional suppression challenges to surveillance footage and a firearm recovered near the shooting scene.
3. Whether trial counsel was ineffective for failing to raise indictment-timing and speedy-trial objections.
4. Whether Turner's guilty plea waived challenges to alleged errors occurring before the plea.

Disposition

denied