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State v. Brathwaite

Superior Court of Delaware, New Castle

August 29, 2014

STATE OF DELAWARE
v.
KEVIN C. BRATHWAITE, Defendant.

Submitted: July 9, 2014

Upon Defendant's Third Motion for Postconviction Relief. DENIED.

Upon Defendant's Motion for Appointment of Counsel. DENIED.

Upon Defendant's Motion for Discovery. DENIED.

Gregory E. Smith, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.

Kevin C. Brathwaite, Smyrna, Delaware, pro se.

ORDER

RICHARD R. COOCH, R.J.

This 29th day of August, 2014, upon consideration of Defendant's Third Motion for Postconviction Relief, it appears to the Court that:

1. In 1998, a jury found Kevin Brathwaite ("Defendant") guilty of multiple counts of unlawful sexual intercourse and related crimes in the assaults of three women.[1] Defendant was sentenced to six life terms, plus an additional 110 years.[2] The Supreme Court of Delaware affirmed Defendant's convictions on direct appeal on October 22, 1999.[3]

2. Defendant filed his First Motion for Postconviction Relief/Motion for a New Trial in 1999.[4] It was denied and the Supreme Court of Delaware affirmed the decision on July 10, 2006.[5]

3. Defendant subsequently filed, pro se, a petition for a writ of habeas corpus that was denied by the United States District Court.[6] The Third Circuit affirmed this denial on March 22, 2011.[7]

4. Defendant filed his second, pro se, Motion for Postconviction Relief on February 28, 2013[8] on the grounds he was entitled to relief under Martinez v. Ryan.[9] A Commissioner recommended the motion be denied and the Court adopted the Commissioner's Report and Recommendation on May 14, 2013.[10] Defendant did not appeal.

5. Defendant now files this 101 page Third Motion for Postconviction Relief with two voluminous appendices based on the following six grounds for relief:

a. "Because Movant was never provided formal notice of the charges against him, as guaranteed by the Sixth Amendment and Del. Const. Art.1, ยง7, the Superior Court never lawfully invoked its subject matter jurisdiction to try, convict or ...

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