Burns v. Delaware
Annotate this CaseRobert Burns was convicted by a jury on several counts of varying degrees of sexual assault against children. The Supreme court previously affirmed Burns' conviction on direct appeal. Burns sought post-conviction relief, arguing that he received inadequate assistance of counsel in violation of his Sixth Amendment rights when trial counsel: did not affirmatively recommend Burns take an plea deal; elicited testimony from an adverse witness that could have implied Burns invoked his Fifth Amendment right to silence; waived certain foundational requirements to out-of-court statements; permitted a characterization of the complaining witnesses as "victims;" and failed to object to the State's summation. Burns claimed that the cumulative effect of his defense counsel's actions therefore resulted in an unfair trial. The Superior Court denied Burns' motion for post-conviction relief. Finding no abuse of discretion, the Supreme Court affirmed.
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