Johnson v. State

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Appellant Roger Johnson was convicted of two counts of robbery in the first degree and possession of a firearm during the commission of a felony and one count of conspiracy in the second degree. Johnson filed a petition for postconviction relief, alleging, in pertinent part, that his trial counsel was ineffective for failing to request a jury instruction under Del. Code Ann. tit. 11, 274 (a 274 jury instruction). The superior court denied Johnson's petition in 2007. Johnson subsequently filed a second petition for postconviction relief, again arguing that his trial counsel was ineffective for failing to request a 274 jury instruction and citing the Supreme Court's 2009 decision in Allen v. State. The superior court denied Johnson's motion as procedrually barred. The Supreme Court affirmed, holding (1) the superior court properly denied Johnson's second postconviction motion as procedurally barred, and (2) the issue of the 274 jury instruction did not warrant exceptional consideration.