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eBook details

• Title: James K. Albury v. State Delaware
• Author : Supreme Court of Delaware
• Release Date : January 28, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

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 post-conviction relief seeking to withdraw his guilty plea on the grounds of ineffective assistance
of counsel. Following an evidentiary hearing by the trial court, the motion was denied. Albury now appeals the denial of that
motion to this Court. Albury has raised three issues in this appeal. He contends through his attorney that: (1) his original attorney's representation
violated his Sixth Amendment right to "effective assistance of counsel," and was prejudicial because it resulted in the entry
of his guilty plea; (2) the investigation of the facts and pertinent law surrounding his case, by his original counsel, was
so deficient that the entry of his guilty plea was involuntary and violative of his right to due process of law; and (3) the
prosecutor's refusal to offer a reduced plea on the homicide charge was based on arbitrary policies, and, therefore, constituted
an abuse of prosecutorial discretion. The trial court considered and denied each of Albury's contentions. We have concluded
that Albury's motion for post-conviction relief was properly denied.

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