State v. Johnson

Full title: STATE OF DELAWARE v. HAYWOOD JOHNSON, Defendant.

Court: SUPERIOR COURT OF THE STATE OF DELAWARE

Date published: Jan 7, 2019

ID#: 1705014383A&B (Del. Super. Ct. Jan. 7, 2019)

Opinion

ID#: 1705014383A&B

01-07-2019

STATE OF DELAWARE v. HAYWOOD JOHNSON, Defendant.

cc: Rebecca Song, Deputy Attorney General Raymond Armstrong, Esquire Haywood Johnson, pro se, SBI# 387013

Abigail M. LeGrow, Judge

Upon Commissioner's Report and Recommendation that Defendant's Motion for Postconviction Relief should be denied -- ADOPTED

ORDER

This 7th day of January, 2019, the Court having considered the Commissioner's Findings of Fact and Recommendations, it appears to the Court that:

1. On July 5, 2018, Haywood Johnson filed a timely pro se motion for postconviction relief (the "Postconviction Motion"). The Court referred the Postconviction Motion to a Superior Court Commissioner under 10 Del. C. § 512 and Superior Court Criminal Rule 62. On December 6, 2018, the Commissioner issued her findings of fact and recommendation (the "Report"). Under Rule 62, a party objecting to any portion of a Commissioner's findings of fact and recommendations may serve and file written objections within 10 days of the report's filing.¹ Although 28 days have passed since the Commissioner issued her Report, Johnson has not filed any objections. Johnson therefore has waived any objections to the Report.² Accordingly, the Court hereby adopts the Commissioner's Report in its entirety. Defendant's Postconviction Motion is DENIED.

1 Super. Ct. Crim. R. 62(a)(5)(ii).

2 Maniscalco v. State, 2017 WL 443725, at *2 (Del. Jan. 10, 2017). --------

IT IS SO ORDERED.

/s/_________

Abigail M. LeGrow, Judge Enclosures
Original to Prothonotary
cc: Rebecca Song, Deputy Attorney General

Raymond Armstrong, Esquire

Haywood Johnson, pro se, SBI# 387013