State of Delaware v. Petty. ( 2014 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
STATE OF DELAWARE, )
)
Plaintiff, )
v. )
)
LEVAL PETTY, ) Cr. ID. No. 1009000052
)
Defendant. )
)
Submitted: November 13, 2014
Decided: December 30, 2014
Upon Commissioner’s Report and Recommendation that Defendant’s Motion for
Postconviction Relief Should be Denied and Counsel’s Motion to Withdraw
Should be Granted.
ADOPTED
ORDER
This 30th day of December, 2014, the Court has considered the
Commissioner’s Report and Recommendation.
On August 10, 2013, Defendant Leval Petty filed a pro se motion for
postconviction relief. Subsequently, Defendant was assigned counsel. Assigned
counsel then filed a Motion to Withdraw as Postconviction Counsel pursuant to
Superior Court Criminal Rule 61(e)(2). The motions were 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 Report and Recommendation on November 3, 2014. The
Commissioner recommended that Defendant’s Motion for Postconviction Relief be
denied, and that Counsel’s Motion to Withdraw should be granted.
“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 an objection to the Commissioner’s Report and
Recommendation.
The Court holds that the Commissioner’s Report and Recommendation
dated November 3, 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, the Court hereby accepts the Commissioner’s Report and
Recommendation in its entirety.
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).