November 20, 2013
James E. MELTON, Defendant Below, Appellant,
STATE of Delaware, Plaintiff Below, Appellee.
Submitted: Sept. 24, 2013.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below— Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 1107021277.
Before HOLLAND, JACOBS and RIDGELY, Justices.
HENRY DuPONT RIDGELY, Justice.
This 20th day of November 2013, upon consideration of the appellant's motion for appointment of counsel, the appellee's response to the motion, and the appellant's reply, it appears to the Court that:
(1) In this appeal from the Superior Court's August 20, 2013 denial of the appellant's first motion for postconviction relief under Superior Court Criminal Rule 61 (" Rule 61" ), the appellant, James E. Melton, has moved for the appointment of counsel. In response to Melton's motion, the appellee, State of Delaware, suggests that this matter be remanded to the Superior Court with directions to appoint counsel to represent Melton on an amended postconviction motion or, in the alternative, that counsel be appointed to represent Melton on appeal.
(2) In reply to the State's response to his motion for appointment of counsel, Melton requests that this matter be remanded to the Superior Court for the appointment of counsel for the purpose of filing an amended motion for postconviction relief. Having considered the parties' positions, the Court agrees with the parties that this matter should be remanded to the Superior Court for the appointment of counsel, amended briefing, and reconsideration of Melton's first motion for postconviction relief.
NOW, THEREFORE, IT IS HEREBY ORDERED that this matter is REMANDED to the Superior Court for further proceedings consistent with this Order. Jurisdiction is not retained.