Summary
The Delaware Supreme Court reviewed Tyrell Mackey’s direct appeal under Supreme Court Rule 26(c) after counsel filed a no-merit brief and motion to withdraw. The Court found no nonfrivolous appellate issue, affirmed the Superior Court’s judgment, and deemed the motion to withdraw moot.
Topics
Practice areas
Questions Presented
- Whether appellate counsel satisfied the requirements of Delaware Supreme Court Rule 26(c) by conscientiously examining the record and law before filing a no-merit brief and motion to withdraw.
- Whether the record contained any nonfrivolous issue warranting reversal of Mackey's convictions or sentence.
Holdings
- Counsel may withdraw under Delaware Supreme Court Rule 26(c) when counsel has made a conscientious examination of the record and law for arguable claims, and the court independently reviews the record to determine whether the appeal is wholly frivolous.
- Mackey's appeal was wholly without merit, and the Superior Court's judgment was affirmed.
Key quotations
“whether the appeal is indeed so frivolous that it may be decided without an adversary presentation.” (¶ 5)
“Having conducted “a full examination of all the proceedings” and having found “no nonfrivolous issue for appeal,”” (¶ 6)
“is wholly without merit.” (¶ 6)
Factual background
Mackey was indicted on firearm, stolen-property, and resisting-arrest charges. He pleaded guilty to possession of a firearm by a person prohibited and theft of a firearm, stipulating that he was eligible for habitual-offender sentencing under 11 Del. C. § 4214(a). The Superior Court declared him a habitual offender on the theft conviction and imposed twelve years of unsuspended incarceration, seven years of which were mandatory, followed by the KEY program and two years of Level III probation.
Procedural history
Mackey was indicted in the Superior Court on charges including possession of a deadly weapon by a person prohibited, theft of a firearm, stolen property, and resisting arrest. He pleaded guilty to possession of a firearm by a person prohibited and theft of a firearm under a plea agreement, and the Superior Court sentenced him to a total of twelve years of unsuspended incarceration, followed by the KEY program and probation. On direct appeal, counsel filed a Rule 26(c) no-merit brief and motion to withdraw; Mackey raised no additional issues, and the State moved to affirm.