State v. Carr

• Court: Superior Court of Delaware
• Decided: November 27, 2017
• Docket: 82002234DI
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE, Plaintiff, v.

Cr. ID. No. 82002234Dl BRUCE J. CARR,

Defendant.

Submitted: Septernber 26, 2017 Decided: November 27, 2017

Upon Commissioner’s Report and Recornmendation That Defendant’s Motion for Postconviction Relief Should Be Surnrnarily Dismissed ADOPTED CLDB This 27th day of November, 2017, the Court has considered the Commissioner’s Report and Recommendation, Defendant’s Motion for Postconviction Relief, and the relevant proceedings beloW. On Septernber ll, 2017, Defendant Bruce J. Carr 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 Crirninal Rule 62 for

proposed findings of fact and conclusions of laW. The Commissioner issued the

Report and Recommendation on Septernber 26, 2017. The Commissioner

recommended that Defendant’s Motion for Postconviction Relief be summarily dismissed. No objections to the Report have been filed.

The Court holds that the Commissioner’s Report and Recommendations dated September 26, 2017 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.l

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.

The ¢%orablA/Iary M. Johnston

1 Super. Ct. Crim. R. 62(a)(4)(iv).