Summary
remanding denial of defendant's first postconviction motion for appointment of counsel and reconsideration
Summary of this case from Garner v. StateOpinion
No. 153 2012.
2013-07-19
Mark B. HOWARD, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.
Court Below—Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 0611014197.
Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.
ORDER
MYRON T. STEELE, Chief Justice.
This 19th day of July 2013, the Court has considered the parties' briefs and the record on appeal from the Superior Court's denial of the appellant's first motion for postconviction relief. In view of this Court's recent decision in Holmes v. State and the Superior Court's adoption of a new rule regarding the appointment of counsel to defendants in first postconviction proceedings, we have determined that this matter should be remanded to the Superior Court for the appointment of counsel, amended briefing, and reconsideration of the appellant's first motion for postconviction relief.
Holmes v. State, 2013 WL 2297072 (Del. May 23, 2013).
.Del.Super. Ct.Crim. R. 61(e) (effective May 6, 2013).
NOW, THEREFORE, IT IS HEREBY ORDERED that this matter is REMANDED to the Superior Court for further proceedings consistent with this Order. Jurisdiction is not retained.