State v. Lewis ( 2018 )


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  • IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
    STATE OF DELAWARE
    v. ID#: 1304026571
    KAHLIL D. LEWIS,
    Defendant.
    \/\./\./\/\/\/\/
    Upon Commissioner’s Report and Recommendation that Defendant’s
    Motion for Postconviction Relief should be denied and Rule 61
    Counsel’s Motion to Withdraw should be granted
    ADOPTED
    ORDER
    This 5th day of December, 2018, the Court having considered the
    Commissioner’s Findings of Fact and Recommendations, it appears to the Court
    that:
    l. On July 26, 2017, Kahlil Lewis filed a timely pro se motion for
    postconviction relief (the “Postconviction Motion”) and request for the
    appointment of counsel. The Court appointed counsel and set a briefing schedule
    for the postconviction proceedings. On July 9, 2018, Christopher S. Koyste,
    Esquire (“Postconviction Counsel”) filed a Motion to Withdraw pursuant to
    Superior Court Rule 6l(e)(7) (the “Motion to Withdraw”). In the Motion to
    Withdraw, Postconviction Counsel represented that there Were no potential
    meritorious grounds on Which to seek postconviction relief. Although he Was
    notified of the Motion to Withdraw, LeWis did not respond to that motion.
    2. The Court referred the Postconviction Motion and Motion to
    Withdravv to a Superior Court Commissioner under 
    10 Del. C
    . § 512 and Superior
    Court Criminal Rule 62. On November 5, 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 30 days have passed since the Commissioner issued her
    Report, Lewis has not filed any objections LeWis 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 and Postconviction Counsel’s Motion to Withdraw is GRANTED.
    IT IS SO ORDERED. '
    Abigail)l\/I. LeGrow, Ji.{jdge
    Enclosures
    Original to Prothonotary
    cc: Kathryn S. Keller, Deputy Attorney General
    Christopher S. Koyste, Esquire
    Joseph Leager, Esquire
    Kahlil Lewis, pro se, SBI# 00629845
    ' super. ct. Crim. R. 62(3)(5)(ii).
    2 Maniscalco v. State, 
    2017 WL 443725
    , at *2 (Del. Jan. 10, 2017).
    

Document Info

Docket Number: 1304026571

Judges: LeGrow J.

Filed Date: 12/5/2018

Precedential Status: Precedential

Modified Date: 12/6/2018