MARTIN v. STATE

No. 112, 2021.

306 A.3d 50 (2023)

Darnell MARTIN, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: October 9, 2023.


Attorney(s) appearing for the Case

Benjamin S. Gifford, IV, Esquire , The Law Office of Benjamin S. Gifford IV, Wilmington, DE, Attorney for Defendant Below, Appellant.

Brian L. Arban, Esquire , Deputy Attorney General, Department of Justice, Wilmington, DE, Attorney for Plaintiff Below, Appellee.

Dwayne J. Bensing, Esquire, American Civil Liberties Union Foundation of Delaware, Wilmington, DE and Brendan Bernicker, Esquire, Megha Ram, Esquire, Roderick & Solange MacArthur Justice Center, Washington, DC, as Amici Curiae American Civil Liberties Union Foundation of Delaware, Roderick & Solange MacArthur Justice Center, and the Innocence Network in support of Defendant Below, Appellant.

Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LEGROW, and GRIFFITHS, Justices.


In 2013, the defendant below-appellant, Darnell Martin, received an unconditional gubernatorial pardon for his previous criminal convictions, which included several felony convictions. Several years later, Martin was arrested and charged with new offenses. After his convictions for those charges were affirmed on direct appeal, he...

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