Purnell v. Delaware

Tameka Giles was murdered after a botched robbery attempt in 2006. She was walking with her husband when two men approached them and demanded money. After she refused, one of them fatally shot her in the back. Both men fled. The police quickly identified Ronald Harris as a suspect based on eyewitness identification from Angela Rayne, who had been smoking crack cocaine nearby at the time of the shooting. Mrs. Giles' husband also tentatively identified Kellee Mitchell as one of the shooters in a photo lineup. The police arrested both men on February 18, 2006. At the time of the arrest, defendant Mark Purnell was in Harris' apartment, but was not yet considered a suspect. Neither Harris nor Mitchell identified Purnell as one of the assailants during any of their respective interviews with the police in 2006. Purnell was not identified as a suspect until January 2007, when Corey Hammond informed the police that he had seen Purnell and Harris together on the day of the shooting. Purnell was ultimately tried and convicted for second degree murder, first degree attempted robbery, possession of a firearm during commission of a felony, possession of a deadly weapon during commission of a felony, possession of a deadly weapon by a person prohibited, and second degree conspiracy. Purnell was sentenced to an aggregate of 77 years at L-5, 21 years of which were mandatory, suspended after serving 45 years at decreasing levels of supervision. Purnell's convictions and sentences were affirmed by the Supreme Court on direct appeal. He appealed the Superior Court's denial of his Rule 61 motion for postconviction relief raising four arguments on appeal, all related to the performance of his trial counsel. After review, the Delaware Supreme Court found no merit to Purnell's appeal. Accordingly, it affirmed the Superior Court. View "Purnell v. Delaware" on Justia Law