State v. Thomas

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 25, 2024

Marlon Thomas SBI #00257001 James T. Vaughn Correctional Center 1181 Paddock Road Smyrna, DE 19977

Re: State of Delaware v. Marlon Thomas, Def. ID No. 2008012702 Motion for Reconsideration and Supplemental Filing Second Motion for Substitute Postconviction Counsel

Dear Mr. Thomas:

On October 12, 2021, after a bench trial before me, you were convicted of

Second Degree Rape, a Class B felony, and Third Degree Unlawful Sexual Contact,

a Class A misdemeanor. On December 10, 2021, I sentenced you to 55 years at Level

V, suspended after 25 years for decreasing levels of supervision. You appealed

directly to the Delaware Supreme Court, which affirmed your conviction on March

8, 2023.

On June 5, 2023, you filed a pro se Petition for Postconviction Relief with

me under Delaware Superior Court Criminal Rule 61 (the “Petition”). In the Petition, you made certain allegations about ineffective assistance of counsel with respect to

your representation by Zachary George, Esquire (“Trial Counsel”) and Santino

Ceccotti, Esquire (“Appellate Counsel”). In the Petition, you requested that I hold

an evidentiary hearing1 and that I appoint postconviction counsel (“Postconviction

Counsel”) to represent you.

On June 14, 2023, I ordered the appointment of Postconviction Counsel. On

December 7, 2023, Patrick J. Collins, Esquire was appointed as Postconviction

Counsel. On January 23, 2024, Postconviction Counsel requested that the record be

expanded to include affidavits from both Trial Counsel and Appellate Counsel 2 and

that both the Trial Counsel Affidavit and the Appellate Counsel Affidavit be filed

before the State’s Answer and your Reply. The Trial Counsel Affidavit was filed on

April 22, 2024, and the Appellate Counsel Affidavit was filed on April 19, 2024.

On February 29, 2024, I received a letter from Postconviction Counsel stating

that, having found none of your claims meritorious, he had filed a Motion to

Withdraw as Postconviction Counsel on that same date.3 Your Response to the

Motion to Withdraw was due by March 29, 2024 (30 days). 4 You filed your

1 Super. Ct. Crim. R. 61(h). 2 Super. Ct. Crim. R. 61(g)(2). 3 Super. Ct. Crim. R. 61(e)(7). 4 Id. 2 Response late, on June 17, 2024, in which you objected to Mr. Collins’ withdrawal

and requested the appointment of another postconviction counsel to represent you.

On February 1, 2024, I entered a further Amended Scheduling Order for the

filing of an Amended Rule 61 Petition by Postconviction Counsel by March 7, 2024,

the State’s Response by May 8, 2024, and your Reply, if any, by May 23, 2024.

Since Postconviction Counsel had withdrawn, there was no Amended Petition, and

I relied on your pro se June 5, 2023 Petition. The State filed its Answer on April 16,

2024. You never filed a Reply.

In a Memorandum Opinion and Order dated June 28, 2024, I denied your (1)

Objection to Withdrawal of Postconviction Counsel, (2) request for Appointment of

New Postconviction Counsel, (3) request for an Evidentiary Hearing, and (4) Rule

61 Petition.

On July 5, 2024, you filed a Motion for Reconsideration and Supplemental

Filing and a Second Motion for Substitute Postconviction Counsel. You argue that

under the Confrontation Clause of the Sixth Amendment to the United States

Constitution you are entitled to call the chief investigator in your case. You also

request that I reconsider all the pro se claims you made before the appointment of

Postconviction Counsel. You further request that I give you additional time to

supplement your original claims. Finally, you again request the appointment of

another Postconviction Counsel to assist you with this work. 3 These issues have been addressed and decided previously. Nothing has

changed with respect to the facts and the law since your earlier Motions, and I deny

your new Motions for the same reasons I have already stated in my June 28, 2024

Opinion.

Your Motion for Reconsideration and Supplemental Filing and your Second

Motion for Substitute Postconviction Counsel are therefore summarily dismissed5

and DENIED.

It is so ORDERED.

Very truly yours,

/s/ Craig A. Karsnitz

cc: Prothonotary Nichole D. Gannett, Esquire, Deputy Attorney General Patrick J. Collins, Esquire

5 Under Super. Ct. Crim. R. 61(d)(5). 4