State v. Smith

Opinion

SUPERIOR COURT OF THE STATE OF DELAWARE

CRAIG A. KARSNITZ, SUSSEX COUNTY COURTHOUSE RESIDENT JUDGE 1 THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 TELEPHONE (302) 856-5263

July 24, 2024

Unique Smith SBI #00792804 James T. Vaughn Correctional Center 1181 Paddock Road Smyrna, DE 19977

Re: State of Delaware v. Unique Smith, Def. ID No. 2009007545 Third Motion for Appointment of Postconviction Counsel

Dear Mr. Smith:

On October 6, 2021, after a colloquy with me, you entered a guilty plea to

charges of Manslaughter and Possession of a Firearm During the Commission of a

Felony (“PFDCF”). On November 29, 2021, I sentenced you to 25 years at Level 5

for the Manslaughter offense, suspended after 12 years for decreasing levels of

supervision, and 25 years at Level 5 for the PFDCF offense, suspended after 10 years

for decreasing levels of supervision.

On February 17, 2022, you timely filed a Motion for Reduction of Sentence

(the “Sentence Motion”) under Superior Court Criminal Rule 35(b), asking that I reduce your Level 5 time to between 8 and 12 years. On April 18, 2002, I denied this

Sentence Motion, and the Delaware Supreme Court affirmed my decision on March

1, 2023.

On July 24, 2023, you filed your first pro se Motion for Postconviction Relief

(the “First Rule 61 Motion”) with me under Delaware Superior Court Criminal Rule

61. In the First Rule 61 Motion, you made certain allegations about ineffective

assistance of counsel with respect to your representation by Benjamin S. Gifford,

IV, Esquire (“Trial Counsel”). On July 26, 2023, you filed a First Motion for

Appointment of Postconviction Counsel (the “First PCC Motion”) in connection

with the First Rule 61 Motion. On August 7, 2023, I denied both First Motions.

On May 28, 2024, you filed your second pro se Motion for Postconviction

Relief (the “Second Rule 61 Motion”) with me under Delaware Superior Court

Criminal Rule 61. In the Second Rule 61 Motion, you made certain allegations about

ineffective assistance of counsel with respect to your representation by Trial

Counsel. Specifically, you argue that Trial Counsel failed to timely file a direct

appeal with the Delaware Supreme Court, and that you were unaware of this failure

until you filed the First Rule 61 Motion. On May 28, 2024, you also filed a Second

Motion for Appointment of Postconviction Counsel (the “Second PCC Motion”) in

connection with the Second Rule 61 Motion. On May 31, 2024, I denied both Second

Motions. 2 On July 5, 2024, you filed your Third Motion for Appointment of

Postconviction Counsel (the “Third PCC Motion”). Nothing has changed with

respect to the facts and the law since your first two PCC Motions, and I deny the

Third PCC Motion for the reasons I have stated in previous letter Orders.

Your Third Motion for Appointment of Postconviction Counsel is summarily

dismissedi and DENIED.

It is so ORDERED.

Very truly yours,

/s/ Craig A. Karsnitz

cc: Prothonotary Kathleen Dickerson, Esquire, Deputy Attorney General

i Under Super. Ct. Crim. R. 61(d)(5).