August 9, 1996
William T. Quillen, Judge
The opinion of the court was delivered by: Quillen
Decision on Defendant's Motion for Summary Judgment
Before the Court is the defendant's Motion for Summary Judgment. The plaintiff, Joseph A. Wittrock, seeks damages for alleged legal malpractice during his criminal trial and subsequent appeal.
On July 24, 1992, Mr. Wittrock was sentenced to nine consecutive terms of life plus 113 years. Mr. Wittrock's direct appeal was affirmed. Wittrock v. State, Del. Supr., No. 373, 1992, 1993 Del. LEXIS 308, Horsey, J. (July 27, 1993). On September 30, 1994, Mr. Wittrock filed, pursuant to Superior Court Criminal Rule 61, a Motion for Post-Conviction Relief. The motion was denied by the trial Judge and Mr. Wittrock has appealed. State v. Wittrock, Del. Super., Cr. A. Nos. IN90-10-0309RI et al., Toliver, J. (Mar. 19, 1996). This appeal is still pending. State v. Wittrock, Del. Supr., No. 163, 1996. I understand the briefing will be completed in another month.
Given the lack of success of the direct appeal, the unsuccessful motion for post-conviction at the trial level, and the pending appeal in the Supreme Court, the Court will STAY all further proceedings in this action pending the final resolution of Mr. Wittrock's post-conviction relief motion.
Accordingly, the defendant's Motion for Summary Judgment is STAYED until Mr. Wittrock's appeal of the denial of his application for post-conviction relief has been addressed by the Supreme Court. IT IS SO ORDERED. I ask Mr. Bailey to notify me when that has occurred.
William T. Quillen
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