Opinion
I.D. No. 1312000103
02-14-2017
ORDER ADOPTING COMMISSIONER'S REPORT AND RECOMMENDATION THAT DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF SHOULD BE DENIED AND COUNSEL'S MOTION TO WITHDRAW SHOULD BE GRANTED
This 14th day of February, 2017, upon consideration of Defendant's Motion for Postconviction Relief (the "Rule 61 Motion") filed by A'Keem Grinnell-Cropper, SBI# 00467015; the Commissioner's Report and Recommendation That Defendant's Motion for Postconviction Relief Should Be Denied and Counsel's Motion to Withdraw Should be Granted (the "Report") issued by Superior Court Commissioner Lynne M. Parker on January 25, 2017; and the record in this case:
1. The Court referred the Motion to a Commissioner pursuant to 10 Del. C. §512(b) and Superior Court Criminal Rule 62 for proposed findings of facts and conclusions of law.
Hereafter, any Superior Court Criminal Rule referenced in this Order will be cited as "Rule ___." --------
2. On January 25, 2017, Commissioner Parker filed the Report. In the Report, Commissioner Parker reports and recommends that the Rule 61 Motion be denied. The Prothonotary docketed the Report on January 25, 2017.
3. The Report was served on Mr. Grinnell-Cropper. Under Rule 62(4)(ii), any objections to the Report needed to be filed within ten (10) days after the filing of the Report. Mr. Grinnell-Cropper did not file any objections to the Report.
NOW THEREFORE, after careful and de novo review of the record in this action, and for reasons stated in the Report,
IT IS FOUND AND DETERMINED that the Report is not clearly erroneous, is not contrary to law, or an abuse of discretion, and
IT IS ORDERED that the Report, including its recommendation, is ADOPTED by the Court, and
IT IS FURTHER ORDERED that the Defendant's Motion for Postconviction Relief is DENIED.
IT IS FURTHER ORDERED that the Motion to Withdraw filed by Mr. Grinnell-Cropper's post-conviction relief counsel is GRANTED.
/s/Eric M . Davis
Eric M. Davis, Judge Original to Prothonotary:
cc: Commissioner Lynne M. Parker
A'Keem Grinnell-Cropper, SBI# 00467015
Patrick J. Collins, Esquire
Matthew C. Buckworth, Esquire