IN THE SUPREME COURT OF THE STATE OF DELAWARE 

DARRYL GRAYSON, 

Defendant Below, 

Appellant, 

v. 

STATE OF DELAWARE, 

Plaintiff Below, 

Appellee.

§ 

§ 

§ No. 165, 2021 

§ 

§ Court Below—Superior Court 

§ of the State of Delaware 

§ 

§ Cr. ID No. 1809000343 (N) 

§ 

§ 

§

Submitted: June 22, 2021 

Decided: August 10, 2021 

Before SEITZ, Chief Justice; VALIHURA and MONTGOMERY-REEVES,

Justices. 

ORDER

After consideration of the appellant’s opening brief, the State’s motion to 

affirm, and the record on appeal, it appears to the Court that: 

(1) The appellant, Darryl Grayson, appeals from the Superior Court’s 

denial of his first motion for postconviction relief. The State has filed a motion to 

affirm the Superior Court’s judgment on the ground that it is manifest on the face of 

Grayson’s opening brief that the appeal is without merit. We agree and affirm. 

(2) The record reflects that in 2018 a grand jury indicted Grayson on 

racketeering and drug-dealing charges and related offenses. The charges arose 

following a months-long wiretap investigation of a heroin-distribution operation. 
2

Grayson moved to suppress evidence arising from the wiretaps, arguing that when 

seeking the orders authorizing the wiretaps, the State failed to set forth adequate 

justification for the necessity of the wiretaps and lacked probable cause to support 

the applications to intercept wire communications. The Superior Court denied the 

suppression motion at a hearing on September 13, 2019. 

(3) On October 21, 2019, Grayson pleaded guilty to one count of criminal 

racketeering and one count of Tier 4 drug dealing. After a presentence investigation, 

the Superior Court declared Grayson to be an habitual offender and sentenced him 

to a total of thirty-three years’ incarceration, suspended after fifteen years for 

decreasing levels of supervision. Grayson did not file a direct appeal. 

(4) On January 6, 2021, Grayson filed a motion for postconviction relief. 

Grayson argued that his counsel provided ineffective assistance because he did not 

make certain arguments in support of the suppression motion and did not appeal the 

denial of the suppression motion. He also argued that his sentence was 

disproportionate to those of his co-defendants and that he had a right to review all 

materials leading to his convictions. The Superior Court denied the motion, and 

Grayson has appealed to this Court. 

(5) This Court reviews the Superior Court’s denial of postconviction relief 

for abuse of discretion and questions of law de novo.

1

 The Court must consider the 

1 Dawson v. State, 673 A.2d 1186, 1190 (Del. 1996). 
3

procedural requirements of Superior Court Criminal Rule 61 before addressing any 

substantive issues.2

(6) Grayson’s claim of ineffective assistance of counsel was not 

procedurally barred.3 To prevail on a claim of ineffective assistance of counsel 

within the context of a guilty plea, Grayson was required to show that (i) his 

counsel’s conduct fell below an objective standard of reasonableness, and (ii) there 

is a reasonable probability that, but for the alleged errors of counsel, he would not 

have pleaded guilty and would have insisted on going to trial.4 A defendant must 

make concrete allegations of cause and actual prejudice to substantiate a claim of 

ineffective assistance of counsel.5 Although not insurmountable, there is a strong 

presumption that counsel’s representation was professionally reasonable.6

(7) Grayson’s counsel sought to suppress the evidence garnered through 

the wiretap investigation, arguing that the State did not adequately establish the 

necessity of the wiretaps and lacked probable cause to support the applications to 

intercept wire communications. The Superior Court denied the motion to suppress, 

and Grayson ultimately chose to plead guilty instead of going to trial and, if 

convicted, appealing the denial of the motion to suppress. “A knowing and 

2 Perez v. State, 2021 WL 1169826 (Del. Mar. 26, 2021). 

3

Id.

4 Duffy v. State, 2019 WL 459982 (Del. Feb. 5, 2019). 

5

Id.

6 Albury v. State, 551 A.2d 53, 59 (Del. 1988). 
4

voluntary guilty plea waives a defendant’s right to challenge any errors occurring 

before the entry of the plea (except a lack of subject matter jurisdiction), including 

those of constitutional dimensions.”7 Grayson does not challenge any aspect of his 

guilty plea or the plea colloquy. Grayson faced multiple charges and substantially 

more prison time if convicted; thus, the guilty plea, even with the enhanced 

sentencing as an habitual offender, clearly benefited him.8 Grayson has failed to 

show that his counsel’s representation fell below an objective standard of 

reasonableness or that he would have insisted on going to trial but for the alleged 

errors.9

(8) As for Grayson’s claim that his sentence was disproportionate 

compared to the sentences imposed on his co-defendants, the Superior Court 

correctly determined that the claim was procedurally barred. Superior Court 

Criminal Rule 61(i)(3) provides that any postconviction claim that was not raised in 

the proceedings leading to the judgment of conviction is thereafter barred unless the 

defendant can establish cause for relief from the procedural default and prejudice 

from violation of the movant’s rights. Grayson did not raise this claim in a direct 

appeal, nor has he stated any cause for his failure to do so. 

7 Perez, 2021 WL 1169826, at *2. 

8 Jobes v. State, 2019 WL 949374 (Del. Feb. 25, 2019). 

9 Perez, 2021 WL 1169826, at *2. 
5

(9) Finally, asserting that he has a “right to review all proceedings leading 

up to his conviction,” Grayson requests that the Court order that he be provided with 

a copy of his sentencing transcript, “any and all affidavits,” a “copy of all 

handwritten reports,” and a copy of the order denying his suppression motion. 

Although indigent defendants have a right to transcripts at State expense on direct 

appeal, they do not have an absolute right to transcripts at State expense in 

postconviction proceedings.10 We conclude that Grayson has not demonstrated good 

cause for the provision of the transcripts and other requested documents at State 

expense, and the Superior Court did not abuse its discretion by denying his similar 

request to that court.11

NOW, THEREFORE, IT IS ORDERED that the motion to affirm is 

GRANTED, and the judgment of the Superior Court is AFFIRMED. 

BY THE COURT: 

 /s/ Collins J. Seitz, Jr. 

 Chief Justice 

10 Demby v. State, 2014 WL 4898138, at *2 (Del. Sept. 29, 2014). 

11 See id. at *2 (“Absent a showing of good cause, it was within the Superior Court’s discretion to 

deny Demby’s request for transcripts at State expense.”).