Opinion
IK86-10-0071-R3 through IK86-10-0073-R3 and IK86-10-0083-R3 (ID No. 90K01221DI)
Submitted: February 11, 2002
Decided: April 9, 2002
Upon Consideration of the Defendant's third motion for Postconviction Relief Pursuant to Superior Court Criminal Rule 61.
DENIED.
John R. Garey, Esq., Deputy Attorney General, Dover, DE, for the State.
James L. Ross, pro se.
ORDER
Upon consideration of defendant's motion for Postconviction Relief, the Commissioner's Report and Recommendation, and the record in this case, it appears:
1. Following a June 25, 1987 trial, the defendant was convicted of three counts of Robbery in the First Degree. He was subsequently sentenced to 30 years incarceration on August 18, 1987.
2. The defendant appealed his conviction and sentence to the Delaware Supreme Court. The Supreme Court affirmed Ross' conviction and sentence.
3. The defendant's first and second motions for postconviction relief were summarily denied by this court and affirmed by the State Supreme Court.
4. Ross filed his third motion for postconviction relief more than ten years after the issuance of the Supreme Court mandate on his direct appeal. In his third motion he raises three grounds for relief dealing with his parole board hearings which are unrelated to his underlying conviction or sentences and are as such not appropriate under Rule 61.
5. The Commissioner has filed a report and Recommendation recommending that the Court deny Ross' third motion for postconviction relief. A copy of her report is attached hereto and no written objections to the Report have been filed.
NOW, THEREFORE, IT IS ORDERED that:
a. Having conducted a de novo review of the proceedings, I adopt the Commissioner's Report and Recommendation;
b. The defendant's motion for Postconviction Relief is denied.