From Casetext: Smarter Legal Research

State v. Ringgold

SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
Mar 17, 2014
Cr. ID. No. 1006015765 (Del. Super. Ct. Mar. 17, 2014)

Opinion

Cr. ID. No. 1006015765

03-17-2014

STATE OF DELAWARE, Plaintiff, v. JAY M. RINGGOLD, Defendant.


Upon Commissioner's Report and Recommendation that Defendant's Motion for

Postconviction Relief Should be Denied and Counsel's Motion to Withdraw

Should be Granted.


ADOPTED


ORDER

This 17th day of March, 2014, the Court has considered the Commissioner's Report and Recommendation.

On July 30, 2012, Defendant Jay Ringgold filed a pro se motion for postconviction relief. Subsequently, Defendant was assigned counsel. Assigned counsel then filed a Motion to Withdraw as Postconviction Counsel pursuant to Superior Court Criminal Rule 61(e)(2). The motions were 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. The Commissioner issued the Report and Recommendation on February 10, 2014. The Commissioner recommended that Defendant's Motion for Postconviction Relief be denied, and that Counsel's Motion to Withdraw should be granted. "Within ten days after filing of a Commissioner's proposed findings of fact and recommendations . . . 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 February 10, 2014, 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, the Court hereby accepts the Commissioner's Report and Recommendation in its entirety.

IT IS SO ORDERED.

___________________

The Honorable Mary M. Johnston


Summaries of

State v. Ringgold

SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
Mar 17, 2014
Cr. ID. No. 1006015765 (Del. Super. Ct. Mar. 17, 2014)
Case details for

State v. Ringgold

Case Details

Full title:STATE OF DELAWARE, Plaintiff, v. JAY M. RINGGOLD, Defendant.

Court:SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

Date published: Mar 17, 2014

Citations

Cr. ID. No. 1006015765 (Del. Super. Ct. Mar. 17, 2014)

Citing Cases

Ringgold v. State

Id. (providing that a formerly adjudicated claim may be considered “in the interest of justice”). “[A]…

Ringgold v. State

Id. (providing that a formerly adjudicated claim may be considered “in the interest of justice”). “[A]…