Opinion
ID# 9603017326.
Decided: April 25, 2003.
Upon Defendant's Motion for Postconviction Relief
Daniel Miller, Deputy Attorney General
David J. Facciolo, Esquire
Timothy Smith, Pro Se Defendant
INTERIM ORDER
This case is unusual in several ways. On August 7, 2002, Smith reluctantly admitted that he violated probation, which precipitated his being re-sentenced. On September 26, 2002, Smith filed a Petition for Writ of Habeas Corpus, which in reality was a motion for sentence modification. The motion was denied on December 20, 2002. Smith then filed the instant Motion for Postconviction Relief on January 8, 2003. Smith denies that he violated probation when he told an inmate in a therapeutic group session at the Dover Crest Program, "I feel I could strangle you." Furthermore, Smith attributes his having been found in violation of probation to ineffective assistance of counsel.
The court has examined the motion and the contents of its files relating to the judgment under attack. Super. Ct. Crim. R. 61(d)(1). While there are technical reasons justifying summary dismissal of Smith`s petition, the court SHALL re-appoint the Public Defender under Rule 61(e)(1) to review the events immediately leading up to Smith's being found in violation of probation, the violation of probation hearing and Smith's re-sentencing. The Public Defender is authorized to make whatever applications, if any, are appropriate on Smith's behalf concerning the subject of this re-appointment. Most importantly, the Public Defender SHALL meet and confer with Smith within 10 days of this Order's receipt to review Smith's claims preliminarily. Furthermore, if the Public Defender does not file any pleadings on Smith's behalf, the Assistant Public Defender assigned to represent Smith SHALL submit a short status letter within three weeks confirming that Smith has been interviewed.
IT IS SO ORDERED.