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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