State of Delaware v. Grantham. ( 2014 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
STATE OF DELAWARE, )
)
Plaintiff, )
v. )
)
VICTOR GRANTHAM, ) Cr. ID. No. 0808016406
)
Defendant. )
)
Submitted: October 20, 2014
Decided: December 5, 2014
Upon Commissioner’s Report and Recommendation That Defendant’s Motion for
Postconviction Relief Should be Summarily Dismissed
ADOPTED
ORDER
This 5th day of December, 2014, the Court has considered the
Commissioner’s Report and Recommendation, Defendant’s Motion for
Postconviction Relief, and the relevant proceedings below.
On August 20, 2014, Defendant Victor Grantham filed this pro se motion for
postconviction relief. The motion was referred to a Superior Court Commissioner
in accordance with 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for
proposed findings of fact and conclusions of law. The Commissioner issued the
1
Report and Recommendation on October 10, 2014. The Commissioner
recommended that Defendant’s Motion for Postconviction Relief be denied.
“Within ten days after filing of a Commissioner’s proposed findings of fact
and recommendations . . . any party may serve and file written objections.” 1
Neither party has filed written objections to the Commissioner’s Report and
Recommendation.
The Court holds that the Commissioner’s Report and Recommendation
dated October 10, 2014, should be adopted for the reasons set forth therein. The
Commissioner’s findings are not clearly erroneous, are not contrary to law, and are
not an abuse of discretion.2
THEREFORE, after careful and de novo review of the record in this action,
the Court hereby adopts the Commissioner’s Report and Recommendation in its
entirety. Defendant’s Motion for Postconviction Relief is hereby DENIED.
IT IS SO ORDERED.
/s/__Mary M. Johnston_________
The Honorable Mary M. Johnston
1
Super. Ct. Crim. R. 62(a)(5)(ii).
2
Super. Ct. Crim. R. 62(a)(4)(iv).
2