State v. Johnson

• Court: Superior Court of Delaware
• Decided: January 7, 2019
• Docket: 1705014383A&B
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE ID#: 1705014383A&B

V.

HAYWOOD JOHNS ON,

\/\./\/VV\/\/

Defendant.

Upon Commissioner’s Report and Recommendation that Defendant’s

Motion for Postconviction Relief should be denied -- ADOPTED ORDER

This 7th day of January, 2019, the Court having considered the Commissioner’s Findings of F act and Recommendations, it appears to the Court that:

l. On July 5, 2018, HayWood Johnson filed a timely pro se motion for postconviction relief (the “Postconviction Motion”). The Court referred the Postconviction Motion to a Superior Court Commissioner under 10 Del. C. § 512 and Superior Court Criminal Rule 62. On December 6, 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.l Although 28 days have passed since the Commissioner issued her

Report, Johnson has not filed any objections. Johnson therefore has Waived any

1 super. Ct. Crim. R. 62(3)(5)(11).

objections to the Report.2 Accordingly, the Court hereby adopts the Commissioner’s Report in its entirety. Def`endant’s Postconviction Motion is

DENIED.

IT ls so oRDERED. /

Abig l\if./LeGrow, Hdge

Enclosures

Original to Prothonotary

cc: Rebecca Song, Deputy Attorney General Raymond Armstrong, Esquire Haywood Johnson, pro se, SBI# 387 013

2 Maniscalco v. State, 2017 WL 443725, at *2 (Del. Jan. 10, 2017).