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State v. Gibbs

Superior Court of Delaware

January 12, 2017

STATE OF DELAWARE
v.
BRYANT GIBBS, Defendant.

          Submitted: December 13, 2016

         Upon Defendant's Motion for Postconviction Relief SUMMARILY DISMISSED.

         Upon Defendant's Request for Appointment of Postconviction Counsel DENIED.

         Upon Defendant's Request for an Evidentiary Hearing DENIED AS MOOT.

          ORDER

          Andrea L. Rocanelli, Judge

         Upon consideration of the Motion for Postconviction Relief ("PCR Motion") filed by Defendant Bryant Gibbs ("Defendant"); Rule 61 of the Superior Court Rules of Criminal Procedure ("Rule 61"); the facts, arguments and legal authorities set forth by Defendant; statutory and decisional law; and the entire record in this case, the Court hereby finds as follows:

         1. On August 8, 1989, Defendant was charged with thirty-six felony offenses. Each of these crimes represented very serious and violent criminal conduct.

          2. A jury found Defendant guilty of thirty-three felony offenses, including multiple counts of Robbery First Degree, Conspiracy First Degree, Conspiracy Second Degree, Kidnapping First Degree, Possession of a Deadly Weapon During Commission of a Felony, and Attempted Murder First Degree. The jury found Defendant not guilty of two charges. The State dismissed one charge.

         3. By Order dated November 13, 1989, Defendant was sentenced. The effective date of the sentence imposed was December 26, 1988.

         4. Defendant presented a direct appeal to the Delaware Supreme Court. The Delaware Supreme Court affirmed Defendant's convictions and sentence.[1]

         5. Defendant has filed numerous motions for postconviction relief. The Superior Court has considered and denied Defendant's motions.

         6. On July 11, 2016, Defendant filed a motion for appointment of postconviction counsel pursuant to Rule 61. By Order dated August 16, 2016, the Court denied Defendant's motion.[2]

         7. On December 13, 2016, Defendant filed the PCR Motion that is currently before the Court. Defendant also requests this Court to appoint postconviction counsel and hold an evidentiary hearing.

          8. Rule 61(d)(2) governs Defendant's PCR Motion.[3] Under Rule 61(d)(2), the Court shall summarily dismiss a second or subsequent motion for postconviction relief unless the movant was convicted after a trial and the motion either (1) pleads with particularity that new evidence exists that creates a strong inference that the movant is actually innocent in fact of the acts underlying the charges of which he was convicted; or (2) pleads with particularity that a new rule of constitutional law, made retroactive to cases on collateral ...


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