State v. Hunter

Full title: STATE OF DELAWARE, v. BRIAN HUNTER, Defendant

Court: Superior Court of Delaware, for New Castle County

Date published: Mar 5, 2004

Cr. ID. 9711008238, Cr. A. Nos. IN97-12-0413R1, IN97-12-0414R1, IN97-12-0415R1 (Del. Super. Ct. Mar. 5, 2004)

Opinion

Cr. ID: 9711008238, Cr. A. Nos. IN97-12-0413R1, IN97-12-0414R1, IN97-12-0415R1.

Submitted: February 25, 2004.

Decided: March 5, 2004.

Stuart Sklut, Esq., Deputy Attorney General Brian Hunter, Pro Se.

ORDER

Judge Susan C. Del Pesco

On this 5^th day of March 2004, upon consideration of defendant's pro se reconsideration motion for postconviction relief under Superior Court Criminal Rule 61, it appears that:

(1) The defendant was convicted of Possession With Intent to Deliver Cocaine, Possession of Cocaine Within 1000 Feet of a School and Possession of Cocaine Within 500 Feet of a Park and sentenced on March 16, 2001.

(2) The defendant filed a motion for postconviction relief in the above captioned case on January 2, 2002. The motion asserted three grounds for relief: (a) an illegal arrest; (b) an illegal search and seizure; and (c) ineffective assistance of counsel

(3) This Court denied defendant's motion on July 1, 2002.¹

1 State v. Hunter, Del. Super., C.A. Nos. IN97-12-0413R1, IN97-12-0414R1, IN97-12-0415R1, Del Pesco, J. (July 1, 2003) (Order).

(4) In defendant's present motion for reconsideration he raises the same arguments as previously made. Superior Court Criminal Rule 61(i)(2) states "[a]ny ground for relief that was not asserted in a prior postconviction proceeding, as required by subdivison (b)(2) of this rule, is thereafter barred, unless consideration of the claim is warranted in the interest of justice."²

2 Super. Ct. Crim. R. 61(i)(2). See also State v. Cannon, 2000 Del. Super. LEXIS 340.

(4) There is no showing that interests of justice require further review.

(5) For the above reasons, the motion for reconsideration of postconviction relief is DENIED.

IT IS SO ORDERED.