Archy v. State
This text of Archy v. State (Archy v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
CORNELIUS ARCHY, § § Defendant Below, § No. 219, 2025 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 2212001152B (N) § Appellee. §
Submitted: December 19, 2025 Decided: February 3, 2026
Before VALIHURA, TRAYNOR, and LEGROW, Justices.
ORDER
(1) The appellant, Cornelius Archy, has appealed the Superior Court’s
denial of his motion for postconviction relief under Superior Court Criminal Rule
61. After careful consideration of the record and the parties’ briefs, we affirm the
Superior Court’s judgment.
(2) A Superior Court jury found Archy guilty of possession of a firearm by
a person prohibited and possession of ammunition by a person prohibited. Archy
was represented by counsel at trial, but after trial and before sentencing he sought
and was permitted, after a hearing, to proceed pro se. He then filed a motion for a
judgment of acquittal, which the court denied as time-barred because it was not filed within seven business days of the jury’s verdict. The Superior Court sentenced
Archy on June 17, 2024. He did not file a direct appeal.
(3) On July 25, 2024, Archy filed a motion for postconviction relief. He
later filed several amended motions. Archy asserted that the evidence at trial was
insufficient to support his convictions and claimed that his trial counsel provided
ineffective assistance. After receiving briefing and expanding the record with an
affidavit from trial counsel, the Superior Court denied Archy’s motion. On appeal
to this Court, Archy contends that (i) the prosecutor engaged in misconduct by
misstating evidence, arguing facts not in evidence, and reading a witness’s prior
statement to police in front of the jury; and (ii) the evidence was insufficient to allow
a reasonable juror to find beyond a reasonable doubt that Archy actually or
constructively possessed a firearm and ammunition.
(4) This Court reviews the Superior Court’s denial of a motion for
postconviction relief for abuse of discretion. 1 We review legal or constitutional
questions, including claims of ineffective assistance of counsel, de novo. 2 The Court
considers the procedural requirements of Rule 61 before addressing substantive
issues.3
1 Ploof v. State, 75 A.3d 811, 820 (Del. 2013). 2 Id. 3 Bradley v. State, 135 A.3d 748, 756-57 (Del. 2016).
2 (5) Archy did not present his prosecutorial-misconduct claims to the
Superior Court in the first instance, and he therefore failed to preserve them for
appellate review.4 Moreover, Rule 61 of the Superior Court Rules of Criminal
Procedure bars his prosecutorial-misconduct and insufficient-evidence claims.
Under Rule 61(i)(3), “[a]ny ground for relief that was not asserted in the proceedings
leading to the judgment of conviction” is barred unless the movant shows both cause
for relief from the procedural default and prejudice.5 Archy did not file a direct
appeal asserting the claims that he presents in this postconviction appeal, and he has
not demonstrated cause for relief from the default. The claims are therefore
procedurally barred under Rule 61(i)(3).6
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court be AFFIRMED.
BY THE COURT:
/s/ Gary F. Traynor Justice
4 DEL. SUPR. CT. R. 8. 5 DEL. SUPER. CT. R. CRIM. PROC. 61(i)(3). 6 See Lopez v. State, 2008 WL 835158, at *1 (Del. Mar. 28, 2008) (holding that claim of insufficient evidence was procedurally barred by Rule 61(i)(3) because the defendant did not raise it at trial or on direct appeal); Campbell v. State, 2003 WL 21998563, at *1 (Del. Aug. 21, 2003) (concluding that postconviction claims were barred under Rule 61(i)(3) because they were not raised on direct appeal and there was no evidence of cause or prejudice).
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