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State v. Brodie

Superior Court of Delaware, New Castle

February 11, 2014

STATE OF DELAWARE
v.
Andre L. Brodie Defendant

Submitted: November 18, 2013

On Defendant's Motion for Postconviction Relief.

SUMMARILY DISMISSED.

Brian J. Robertson, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.

Andre L. Brodie, Smyrna, Delaware, pro se.

ORDER

RICHARD R. COOCH, R.J.

This 11th day of February 2014, upon consideration of Defendant's Motion for Postconviction Relief, it appears to the Court that:

1. Defendant Andre Brodie ("Defendant") was convicted on September 21, 2007 of charges of First Degree Kidnapping, Second Degree Kidnapping, two counts of First Degree Robbery, Second Degree Burglary, Second Degree Assault, Using a Disguise During the Commission of a Crime, Second Degree Conspiracy, and six counts of Possession of a Firearm
During the Commission of a Felony.[1] He was sentenced to thirty-three years Level V incarceration, suspended after twenty-seven years for decreasing levels of supervision.[2]Defendant appealed his conviction to the Supreme Court and it was affirmed. [3]
2. Defendant's first Motion for Postconviction Relief was filed in July 2009.[4] A Commissioner reviewed Defendant's motion and recommended denial, which was later adopted by this Court[5]and affirmed on appeal to the Supreme Court.[6]
3. Defendant filed a Motion for Appointment of Counsel on August 12, 2013, alleging that under new Delaware Rule of Criminal Procedure 61(e) (1), [7] he was entitled to counsel.[8] This Court DENIED Defendant's Motion on September 30, 2013, stating that it would not appoint counsel for a second Postconviction Relief Motion that had yet to be filed, and would consider the request "when and if such motion is filed."[9]
4. Defendant filed this Second Motion for Postconviction Relief on November 7, 2013.[10] He again requests appointment of counsel.
5. Defendant's Motion proffers merely conclusory allegations in support of his claims and provides no further supplementation.
Defendant's arguments in support of his three claimed grounds for relief, in addition to his request for ...

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