ALBURY v. STATE


551 A.2d 53 (1988)

James K. ALBURY, Defendant-Below, Appellant, v. STATE of Delaware, Plaintiff-Below, Appellee.

Supreme Court of Delaware.

Decided: November 28, 1988.

Rehearing Denied December 16, 1988.


Attorney(s) appearing for the Case

Nancy Jane Perillo, Wilmington, on behalf of appellant.

Rosemary K. Killian (argued), and Richard E. Fairbanks, Jr., Deputy Attys. Gen., Wilmington, on behalf of appellee.

Before MOORE, WALSH and HOLLAND, JJ.


HOLLAND, Justice:

On April 14, 1980, the defendant-appellant, James K. Albury ("Albury"), entered a guilty plea to murder in the first degree, 11 Del. C. § 636(a)(1). Albury was sentenced to life in prison without probation or parole. On December 14, 1984, Albury filed a motion for postconviction relief seeking to withdraw his guilty plea on the grounds of ineffective assistance of counsel. Following an evidentiary...

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