Opinion
DEF. ID No. 75060892DI, IN 75-06-0892-R3, IN 75-06-0895-R3, IN 75-06-0900-R3, IN 75-06-0905-R3.
February 2, 2010.
ORDER
On this 2nd day of February, 2010, upon consideration of the Defendant's Motion for Post-conviction Relief, the Commissioner's Findings of Fact and Recommendations, Defendant's appeal from the Commissioner's Report and Recommendation, the State's response to that appeal, and the record in this case, it appears that:
1) The Court referred this Motion to a Superior Court Commissioner pursuant to 10 Del.C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of facts and conclusions of law.
2) The Commissioner has filed Findings of Fact and Recommendations in which he recommends that the Court reject all three grounds set forth within Defendant's Motion for Postconviction Relief and deny the motion. The Commissioner's report sets forth the procedural history, Defendant's asserted grounds for relief, and a well-reasoned analysis of the relevant facts and law related to each claim. On October 9, 2009, Defendant filed an Appeal from the Commissioner's Findings of Fact and Recommendations. On October 20, 2009, the State filed its response. On December 28, 2009, Defendant filed a supplement to his appeal.
NOW THEREFORE, after careful and de novo review of the record in this action, and all submissions, and for the reasons stated in the Commissioner's Findings of Fact and Recommendations of September 24, 2009, Defendant's Motion for Postconviction Relief is DENIED. IT IS SO ORDERED.