Date Submitted: February 16, 2015
On Defendant's Motion for Postconviction Relief.
On Defendant's Motion for Appointment of Counsel.
Leon Powell, pro se Appellant.
Joseph S. Grubb, Esq., Deputy Attorney General, Delaware Department of Justice, Carvel State Office Building, Attorney for the State.
Calvin L. Scott Judge.
Upon remand from the Delaware Supreme Court, the Honorable John A. Parkins, Jr. entered an order on February 16, 2015, recusing himself from decision on Defendant Leon Powell's ("Defendant") Motion for Postconviction Relief and Motion for Appointment of Counsel. Now before the Court are Defendant's Motion for Postconviction Relief and Motion for Appointment of Counsel, filed on October 7, 2014. The relief sought by Defendant is for a reduced sentence in accordance with Murder Second Degree instead of Murder First Degree. For the following reasons, Defendant's Motion for Postconviction Relief and Motion for Appointment of Counsel are DENIED.
Defendant was indicted by a Delaware grand jury in 1982 on the charge of non-capital Murder First Degree.
During trial, Defendant challenged the inadmissibility of a polygraph examination Defendant had taken, which was administered by the Public Defender's Office. The Court conducted a colloquy with Defendant, his counsel, and the State, outside the presence of the jury to resolve this matter. As a result of the colloquy, the Court ruled that the result of Defendant's polygraph were inadmissible.
Defendant was subsequently convicted by a jury on the charge of Murder First Degree for intentionally causing the death of Aaron Portlock on November 2, 1982 by stabbing him in the back. On June 16, 1983, Defendant was sentenced on the Murder First Degree conviction to life imprisonment without the possibility of probation or parole.
On June 24, 1983, Defendant appealed his conviction to the Delaware Supreme Court on the basis that the trial court erred in denying Defendant's motion for a mistrial prompted by the State's conduct during its cross-examination of Defendant at trial. The Delaware Supreme Court issued a mandate affirming Defendant's conviction on October 17, 1983.
On October 7, 2014, Defendant filed a pro se Motion for Postconviction Relief and Motion of Appointment of Counsel. The Honorable John A. Parkins, Jr. denied Defendant's motion for appointment of counsel and dismissed his motion for postconviction relief on November 24, 2014. Defendant both appealed the Court's decision to the Delaware Supreme Court and filed a Motion to Recuse Judge Parkins in Superior Court. Unopposed by the State, the Delaware Supreme Court remanded ...