State v. Archy

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE :
:
v. : ID No. 2212001152B
:
CORNELIUS E. ARCHY :

ORDER DENYING MOTON FOR APPOINTMENT
OF POSTCONVICTION COUNSEL

AND NOW TO WIT, this 5th day of August, 2024, the Court having duly

considered Cornelius E. Archy’s (“Archy”) Motion for Appointment of Counsel and

the Record, IT APPEARS THAT:

(1) On September 7, 2023, a jury found Archy guilty of Possession of a

Firearm by a Person Prohibited (“PFBPP”), and Possession of Ammunition by a

Person Prohibited (“PABPP”).1 On June 17, 2024, the Court sentenced Archy as

follows, for PFBPP, 15 years at Level V,2 and for PABPP, 8 years at Level V

suspended for 6 months at Level IV DOC Discretion, followed by 1 year at Level

III.3

(2) Archy did not file a direct appeal.

1
D.I. 7.
2
Archy was sentenced for PFBPP as a Habitual Offender pursuant to 11 Del. C. § 4214(d). D.I.
25.
3
D.I. 24.
(3) On July 25, 2024, Archy filed a pro se motion for postconviction relief.4

Five days later he filed a Motion for Appointment of Counsel.5

(4) Pursuant to Superior Court Criminal Rule 61(e)(2):

The judge shall appoint counsel for an indigent movant's
first timely postconviction motion and request for
appointment of counsel if the motion seeks to set aside: (i)
a judgment of conviction after a trial that has been
affirmed by final order upon direct appellate review and is
for a crime designated as a class A, B, or C felony under 11
Del. C. § 4205(b); (ii) a judgment of conviction after a trial
that has been affirmed by final order upon direct appellate
review and resulted in the imposition of a life sentence
under 11 Del. C. § 4214; or (iii) a sentence of death.6

(5) Because Archy did not file a direct appeal he fails to

satisfy Rule 61(e)(2)(i).7

WHEREFORE, Archy’s Motion for Appointment of

Postconviction Counsel is DENIED.

/s/ Jan R. Jurden
Jan R. Jurden, President Judge
4
D.I. 27.
5
D.I. 31.
6
Super. Ct. Crim. R. 61(e)(2).
7
Archy does not meet the criteria set forth in Rule 61(e)(4) for the same reason. See Super. Ct.
Crim R. 61(e)(4) (“The judge may appoint counsel for any other first postconviction motion only
if the judge determines that: (i) the motion is an indigent movant's first timely postconviction
motion and request for appointment of counsel; (ii) the motion seeks to set aside a judgment of
conviction after a trial that has been affirmed by final order upon direct appellate review; (iii) the
motion sets forth a substantial claim that the movant received ineffective assistance of trial or
appellate counsel; (iv) the motion sets forth a substantial claim that the movant is in custody in
violation of the United States Constitution or the Delaware Constitution; (v) granting the motion
would result in vacatur of the judgment of conviction for which the movant is in custody; and (vi)
specific exceptional circumstances warrant the appointment of counsel.”) (emphasis added).
2
Original to Prothonotary
cc: Jillian L. Schroeder, Esq., DAG
Cornelius Archy

3