Summary
demonstrating that a judge appropriately reviews a commissioner's post-conviction discovery decision at the same time he or she reviews the commissioner's recommendation to deny the post-conviction motion
Summary of this case from State v. BartellOpinion
Cr. ID. No. 1404018370
12-13-2016
STATE OF DELAWARE, Plaintiff, v. JAMES DANIELS, Defendant.
Upon Commissioner's Report and Recommendation on Defendant's Motions for Postconviction Relief and Discovery and Inspection
ADOPTED
ORDER
This 13th day of December, 2016, the Court has considered the Commissioner's Report and Recommendation, Defendant's Motion for Postconviction Relief, Defendant's Motion for Discovery and Inspection, and the relevant proceedings below.
On February 1, 2016, Defendant James Daniels filed this pro se motion for Postconviction relief. The motion was referred to a Superior Court Commissioner in accordance with 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of fact and conclusions of law. On May 12, 2016, Defendant filed the Motion for Discovery and Inspection while the Motion for Postconviction Relief was pending. The Commissioner issued the Report and Recommendation on October 14, 2016. The Commissioner recommended that Defendant's Motions for Postconviction Relief and Discovery and Inspection be denied.
"Within ten days after filing of a Commissioner's proposed Report and Recommendation . . . any party may serve and file written objections." Neither party has filed an objection to the Commissioner's Report and Recommendation.
Super. Ct. Crim. R. 62(a)(5)(ii).
The Court holds that the Commissioner's Report and Recommendation dated October 14, 2016, should be adopted for the reasons set forth therein. The Commissioner's findings are not clearly erroneous, are not contrary to law, and are not an abuse of discretion.
Super. Ct. Crim. R. 62(a)(4)(iv). --------
THEREFORE, after careful and de novo review of the record in this action, the Court hereby adopts the Commissioner's Report and Recommendation in its entirety. Defendant's Motions for Postconviction Relief and Discovery and Inspection are hereby DENIED.
IT IS SO ORDERED.
/s/_________
The Honorable Mary M. Johnston