State of Delaware v. Grantham.

• Court: Superior Court of Delaware
• Decided: December 5, 2014
• Docket: 0808016406
• Status: Published

Opinion

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).