Urquhart v. Delaware

A grand jury indicted Everett Urquhart for the armed robbery of a corner grocery store in Wilmington, Delaware. In the five months before trial, three different public defenders represented Urquhart at preliminary court hearings. A fourth public defender would be his trial counsel, assigned to defend Urquhart against charges carrying a lengthy minimum prison sentence. Because of a trial the preceding week, and other professional commitments before that, Urquhart’s trial counsel did not meet with Urquhart to prepare for trial. The morning of trial was also the first time trial counsel showed Urquhart the State’s key evidence against him. Before jury selection, Urquhart expressed frustration and confusion to the court about seeing his trial counsel for essentially the first time the morning of trial and seeing the State’s evidence against him. Trial went ahead, and a jury convicted Urquhart of all charges. The judge sentenced him to fifteen years in prison. The Delaware Supreme Court affirmed the convictions on direct appeal. Urquhart moved for post-conviction relief, claiming his trial counsel’s absence before trial denied him his Sixth Amendment right to the assistance of counsel. The Superior Court denied the motion. The question presented for the Delaware Supreme Court's review was whether a defendant’s Sixth Amendment right to the assistance of counsel in a serious felony trial requires more than the mere presence of a defense attorney the day of trial. The Court found that it did, reversed Urquhart’s conviction, and remanded for a new trial. View "Urquhart v. Delaware" on Justia Law