Opinion
ID No. 0702007817.
December 7, 2010.
Following the Delaware Supreme Court's Remand, On Pro Se Defendant's Motion for Postconviction Relief.
Commissioner's Report and Recommendation Accepted.
James T. Wakley, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.
Ushango Owens, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se.
ORDER
1. Pursuant to the Order of the Supreme Court in Owens v. State of Delaware , dated May, 27, 2010, the Court ordered this matter remanded to the Superior Court for "submission of Defendant's counsel's affidavit and whatever other factfinding the Superior Court deems necessary to its reconsideration of Owens' postconviction claims."
No. 676, 2009 (Del. Supr.).
2. Following the Supreme Court's remand, briefing was directed on the motion. Defendant's trial counsel submitted an affidavit. Defense Counsel's affidavit addresses, in detail, all of defendant's allegations. The State filed a response. Defendant was given the opportunity to file a reply, but elected not to do so.
3. This Motion for Postconviction Relief was referred to a Superior Court Commissioner pursuant to 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of fact and conclusions of law.
4. The Commissioner issued a Report and Recommendation on November 8, 2010, recommending that Defendant's pro se Motion for Postconviction Relief be denied. No objections to the Report have been filed. THEREFORE, for the reasons stated in the Commissioner's November 8, 2010 Report and Recommendation, defendant's pro se Motion for Postconviction Relief is hereby DENIED. IT IS ORDERED this 7th day of December, 2010, that the Commissioner's Report and Recommendation are adopted by the Court.