Submitted: August 1, 2014
On Defendant's Motion for Postconviction Relief. SUMMARILY DISMISSED.
On Defendant's Motion for Appointment of Counsel. DENIED AS MOOT.
On Defendant's Motion for Evidentiary Hearing. DENIED AS MOOT.
Barzilai K. Axelrod, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State
Hillard M. Winn, Smyrna, Delaware, pro se
Richard R. Cooch, R.J.
This 2nd day of October, 2014, upon consideration of Defendant's First Motion for Postconviction Relief, Motion for Appointment of Counsel, and Motion for Evidentiary Hearing, it appears to the Court that:
1. Defendant Hillard M. Winn was found guilty in April 2006 of Burglary in the First Degree, Assault in the Third Degree, Possession of a Deadly Weapon During the Commission of a Felony, and Terroristic Threatening. Defendant was sentenced as a habitual offender to a total of thirty-four years at Level V, suspended after thirty-two years for one year at Level IV, suspended after six months with the balance to be served on probation. The Delaware Supreme Court affirmed Defendant's convictions and sentences on appeal.
2. Defendant then filed a Motion for Correction of Illegal Sentence pursuant to Rule 35 in 2010. Defendant's Rule 35 Motion was denied by this Court and again, the Delaware Supreme Court affirmed that judgment on appeal.
3. Most recently, Defendant filed a habeas petition in the United States District Court for the District of Delaware. The district court dismissed Defendant's habeas petition on September 29, 2011.
4. Defendant filed the instant motion on June 17, 2014 along with a Motion for Appointment of Counsel and a Motion for an Evidentiary Hearing. Defendant asserts nine grounds in his lengthy postconviction motion:
1) Denial of assistance of counsel when another judge of this Court refused to remove existing counsel and appoint new counsel pre-trial "even where [existing] counsel demonstrated a lack of understanding of the laws involved;"
2) Ineffective assistance of counsel pre-trial because "counsel refused to investigate relevant issues involving complaining witnesses [sic] hospital records, defense witnesses and facts supporting probable ...