Opinion
Cr. ID. No. 1402018635
04-19-2016
STATE OF DELAWARE, Plaintiff, v. STEVEN A. GILLIS, Defendant.
Upon Commissioner's Report and Recommendation That Defendant's Motion for Postconviction Relief Should be Denied
ADOPTED
ORDER
This 19th day of April, 2016, the Court has considered the Commissioner's Report and Recommendation, Defendant's Motion for Postconviction Relief, and the relevant proceedings below.
On October 20, 2015, Defendant Steven A. Gillis filed this pro se motion for postconviction relief. The motion was 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. Before making a recommendation, the Commissioner enlarged the record by directing Defendant's trial counsel to submit an Affidavit responding to Defendant's ineffective assistance of counsel claims. Defendant's trial counsel submitted an Affidavit on December 29, 2015. The Commissioner issued the Report and Recommendation on January 19, 2016. The Commissioner recommended that Defendant's Motion for Postconviction Relief be denied.
"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.
Super. Ct. Crim. R. 62(a)(5)(ii).
The Court holds that the Commissioner's Report and Recommendation dated January 19, 2016, 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, after careful and de novo review of the record in this action, the Court hereby adopts the Commissioner's Report and Recommendation in its entirety. Defendant's Motion for Postconviction Relief is hereby DENIED.
IT IS SO ORDERED.
/s/_________
The Honorable Mary M. Johnston