Lacombe v. State
This text of Lacombe v. State (Lacombe 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
CLAUDE LACOMBE, § § Defendant Below, § No. 204, 2022 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 1201018188 (N) § Appellee. §
Submitted: August 9, 2022 Decided: September 8, 2022
Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.
ORDER
After consideration of the appellant’s opening brief, the appellee’s motion to
affirm, and the record on appeal, we conclude that the judgment below should be
affirmed on the basis of and for the reasons assigned by the Superior Court in its
May 13, 2022 order denying the appellant’s third motion for postconviction relief.
Absent plain error, which we do not find here, we decline to consider the appellant’s
arguments concerning the rule of lenity, his guilty plea, and United States v. Cronic,
466 U.S. 648 (1984) that he raises for the first time on appeal.1
1 Del. Supr. Ct. R. 8 (“Only questions fairly presented to the trial court may be presented for review; provided, however, that when the interests of justice so require, the Court may consider and determine any question not so presented.”). NOW, THEREFORE, IT IS ORDERED that the motion to affirm is
GRANTED and the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ Collins J. Seitz, Jr. Chief Justice
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