(DI. 1) On June 20, 2011, Petitioner was on probation for his 1997 conviction for second degree unlawful intercourse when he was arrested for failing to properly register as a sex offender. (D.I. 1; see also Gibbs v. Carroll, 2004 WL 1376588 (D. Del. June 17, 2004); Gibbs v. Morgan, 2015 WL 5319819 (D. Del. Sept. 14, 2015)) On October 11, 2011, Petitioner pled guilty to failing to register as a sex offender and was immediately sentenced to sixty days of incarceration. (D.I. 1 at 54)
(D.I. 1) In 1997, Petitioner was convicted of second degree unlawful intercourse and sentenced to a total of twenty-years in prison, suspended after fifteen years for varying levels of supervision. (D.I. 1); see also Gibbs v. Carroll, 2004 WL 1376588 (D. Del. June 17, 2004). The Petition asserts one ground alleging that trial counsel provided ineffective assistance.
Presently pending before the Court is Petitioner Otto G. Gibbs' Application For A Writ Of Habeas Corpus Pursuant To 28 U.S.C. ยง 2254 ("Application"), challenging as unconstitutional his designation as a Tier III sex offender and his incarceration for failing to comply with Delaware's requirement that he register as a sex offender as a result of his 1997 conviction for second degree unlawful intercourse. (D.I. 3; D.I. 5); see also Gibbs v. Carroll, 2004 WL 1376588 (D. Del. June 17, 2004). Gibbs was serving the probation portion of his 1997 sentence when he failed to comply with Delaware's sex offender registration requirements.
(5) In 2003, Gibbs raised a similar claim of ineffective assistance of counsel in a habeas corpus petition filed in the U .S. District Court for the District of Delaware. By memorandum opinion dated June 17, 2004, the U.S. District Court dismissed the petition as time-barred.Gibbs v. Carroll, 2004 WL 1376588, at *2 (D. Del. June 17, 2004).Id., at *4.