State v. Kirk

Full title: STATE of Delaware v. Mark KIRK, Defendant

Court: Superior Court of Delaware, New Castle County

Date published: Feb 4, 2000

ID No. 9612002650 (Del. Super. Ct. Feb. 4, 2000)

Opinion

ID No. 9612002650.

Submitted: January 20, 2000.

Decided: February 4, 2000.

Upon Defendant's Pro Se Motion to Strike. Denied.

ORDER

BARRON, Judge

Now, this 4th day of February 2000, it appears and the Court finds as follows:

WHEREAS, Defendant Mark Kirk has filed a motion to strike the affidavit of Fire Marshal Willard Preston from the record of Kirk's motion for postconviction relief, and

WHEREAS, Kirk alleges that expansion of the record to include Preston's affidavit violates his constitutional right to confront and cross-examine the witnesses against him, and

WHEREAS, Kirk's rights on his postconviction relief motion are state statutory rights rather than federal constitutional rights, and

WHEREAS, Super. Ct. Crim. R. 61(g) provides for expansion of the record to include "additional materials relevant to the determination of the merits of the motion," and

WHEREAS, the information presented in Preston's affidavit is relevant to the issues raised in the postconviction relief motion, and

WHEREAS, Kirk has been afforded "an opportunity to admit or deny" the correctness of the affidavit, pursuant to Super. Ct. Crim. R. 61(g)(3),

The Court concludes that Kirk's motion to strike must be and hereby is denied.

It Is So ORDERED.