State v. Williams

• Court: Superior Court of Delaware
• Decided: April 30, 2019
• Docket: 9803018202B
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE ID#: 9803018202B

V.

DAVID M. WILLIAMS,

\_/\_/\/\/\/VV

Defendant.

Upon Commissioner’s Report and Recommendation that Defendant’s Motion for Postconviction Relief and Motion for Appointment of Counsel should be denied -- ADOPTED ORDER

This 30th day of April, 2019, the Court having considered the Commissioner’s Findings of Fact and Recommendations, it appears to the Court that:

l. On August 24, 2018, David M. Williams filed a pro se motion for postconviction relief (the “Postconviction Motion”) and motion for appointment of counsel. The Court referred the motions to a Superior Court Commissioner under 10 Del. C. § 512 and Superior Court Criminal Rule 62. On April 8, 2019, 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 22 days have passed since the Commissioner issued

her Report, Williams has not filed any objections. Williams therefore has Waived

1 super. Ct. crim. R. 62(3)(5)@1).

any objections to the Report.2 Accordingly, the Court hereby adopts the Commissioner’s Report in its entirety. Defendant’s Postconviction Motion and

Motion for Appointment of Counsel are DENIED.

Ml-W

Abiga(il) M.“LeGr'ov'\/, ‘Fudge

IT IS SO ORDERED.

Original to Prothonotary cc: Timothy Weiler, Esquire David M. Williams, pro se, SBI# 173211

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