Submitted: December 19, 2014
On Defendant's Amended Motion for Postconviction Relief.
SUMMARILY DISMISSED IN PART. DENIED IN PART.
Morgan T. Zurn, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State
Christopher S. Koyste, Esquire, Wilmington, Delaware, Attorney for Defendant.
RICHARD R. COOCH, R.J.
This 3rd day of March, 2015, upon consideration of Defendant's Amended Motion for Postconviction Relief, it appears to the Court that:
1. Defendant Tywaan Johnson was found guilty in September 2011 of Murder in the First Degree, two counts of Possession of a Firearm During the Commission of a Felony, Robbery in the First Degree, Possession of a Deadly Weapon by a Person Prohibited, and Conspiracy in the Second Degree.
2. Defendant was sentenced as a habitual offender in March 2012 to life in prison for both the first degree murder charge and the first degree robbery charge, ten years at Level V for each of the possession of a firearm charges, and two years at Level V, suspended for one year at Level II for the conspiracy charge.The Delaware Supreme Court affirmed Defendant's convictions and sentences on appeal on September 7, 2012.
3. Defendant filed a pro se Motion for Postconviction Relief and a Motion for Appointment of Counsel in September 2013. Counsel was appointed and Defendant, through counsel, filed the instant Amended Motion for Postconviction Relief. The State filed its Response and Defendant filed his Reply. Also filed were affidavits by Defendant's trial counsel Michael C. Heyden, Esquire and Anthony A. Figliola, Esquire.
4. Defendant's Amended Motion for Postconviction Relief sets forth six claims for relief, which may be fairly summarized as follows:
(1) Trial counsel failed to adequately cross-examine Gregory Napier, a State's witness, with respect to his plea agreement and future cooperation with the State;
(2) Trial counsel failed to object to the admission of Gregory Napier's 3507 statement;
(3) Trial counsel failed to object, request a mistrial, and/or request a curative instruction when a State witness commented ...