Kinderman v. Delaware
Annotate this CaseDefendant-appellant Seth Kinderman was convicted by jury for the murder of Jakeith Latham. Eventually, he pled guilty to second-degree murder, attempted robbery, and possession of a firearm during the commission of a felony. In exchange for the guilty plea, the State agreed to a joint recommendation of thirty years of Level V incarceration. A few months later, Kinderman sought to withdraw his guilty plea. He claimed his plea counsel failed to advise him of the specific charges in the plea agreement and failed to conduct a mitigation investigation for use during plea negotiations. The superior court denied the plea withdrawal motion and sentenced Kinderman to thirty-seven years of Level V incarceration. Kinderman argued on appeal that the superior court erred in denying the motion to withdraw his plea because he did not knowingly and voluntarily enter into the plea agreement, and the plea was the result of ineffective assistance of counsel. After review, the Delaware Supreme Court disagreed and affirmed the superior court’s judgment: Kinderman did not show a “fair and just reason” to withdraw his guilty plea.
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