Opinion
ID 2212001152B
08-05-2024
STATE OF DELAWARE v. CORNELIUS E. ARCHY
ORDER DENYING MOTON FOR APPOINTMENT OF POSTCONVICTION COUNSEL
Jan R. Jurden, President Judge
AND NOW TO WIT, this 5th day of August, 2024, the Court having duly considered Cornelius E. Archy's ("Archy") Motion for Appointment of Counsel and the Record, IT APPEARS THAT:
(1) On September 7, 2023, a jury found Archy guilty of Possession of a Firearm by a Person Prohibited ("PFBPP"), and Possession of Ammunition by a Person Prohibited ("PABPP"). On June 17, 2024, the Court sentenced Archy as follows, for PFBPP, 15 years at Level V, and for PABPP, 8 years at Level V suspended for 6 months at Level IV DOC Discretion, followed by 1 year at Level III.
D.I. 7.
Archy was sentenced for PFBPP as a Habitual Offender pursuant to 11 Del. C. § 4214(d). D.I. 25.
D.I. 24.
(2) Archy did not file a direct appeal.
(3) On July 25, 2024, Archy filed a pro se motion for postconviction relief. Five days later he filed a Motion for Appointment of Counsel. (4) Pursuant to Superior Court Criminal Rule 61(e)(2):
D.I. 27.
D.I. 31.
The judge shall appoint counsel for an indigent movant's first timely postconviction motion and request for appointment of counsel if the motion seeks to set aside: (i) a judgment of conviction after a trial that has been affirmed by final order upon direct appellate review and is for a crime designated as a class A, B, or C felony under 11 Del. C. § 4205(b); (ii) a judgment of conviction after a trial that has been affirmed by final order upon direct appellate review and resulted in the imposition of a life sentence under 11 Del. C. § 4214; or (iii) a sentence of death.
Super. Ct. Crim. R. 61(e)(2).
(5) Because Archy did not file a direct appeal he fails to satisfy Rule 61(e)(2)(i).
Archy does not meet the criteria set forth in Rule 61(e)(4) for the same reason. See Super. Ct. Crim R. 61(e)(4) ("The judge may appoint counsel for any other first postconviction motion only if the judge determines that: (i) the motion is an indigent movant's first timely postconviction motion and request for appointment of counsel; (ii) the motion seeks to set aside a judgment of conviction after a trial that has been affirmed by final order upon direct appellate review; (iii) the motion sets forth a substantial claim that the movant received ineffective assistance of trial or appellate counsel; (iv) the motion sets forth a substantial claim that the movant is in custody in violation of the United States Constitution or the Delaware Constitution; (v) granting the motion would result in vacatur of the judgment of conviction for which the movant is in custody; and (vi) specific exceptional circumstances warrant the appointment of counsel.") (emphasis added).
WHEREFORE, Archy's Motion for Appointment of Postconviction Counsel is DENIED.