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State v. Binaird

Superior Court of Delaware

July 24, 2017

STATE OF DELAWARE, Plaintiff,
v.
ZAKUON A. BINAIRD, Defendant.

          Submitted: April 22, 2016

         COMMISSIONER'S REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF

          John S. Taylor, Esquire, Deputy Attorney General, Delaware Department of Justice, 820 N. French St. 7th Floor, Wilmington, DE, 19801. Attorney for the State.

          Natalie S. Woloshin, Esquire, 3200 Concord Pike, PO Box 7329, Wilmington, DE 19803. Attorney for Defendant.

          Zakuon A. Binard, pro se.

          BRADLEY V. MANNING, COMMISSIONER

         This 24th day of July, 2017, upon consideration of defendant Zakuon A. Binaird's motion for postconviction relief ("Motion"), I find and recommend the following:

         Procedural History

         Mr. Binaird pled guilty on April 16, 2015, to one count of Drug Dealing Heroin, a Class C felony. Mr. Binaird was sentenced to ten years at Level V, suspended after one year, for 18 months at Level III probation, with credit for 197 days previously served.[1] Mr. Binaird, with the assistance of counsel, then filed a motion to withdraw his guilty plea on June 4, 2015. After briefing and argument, The Honorable Vivian L. Medinilla issued her decision denying Mr. Binaird's motion to withdraw his guilty plea.[2] Mr. Binaird's counsel then filed a motion for Reargument on January 29, 2016. While that motion was pending, on April 13, 2016, Mr. Binaird, acting pro se, filed the instant motion for postconviction relief against his then counsel, Ms. Woloshin. That motion was referred to the undersigned Commissioner on April 22, 2016. On April 26, 2016, Judge Medinilla denied Mr. Binaird's Motion for Reargument.[3] A scheduling order as to Mr. Binaird's motion for postconviction relief was issue on April 28, 2016. However, at the request of Mr. Binaird, the pending motion for postconviction relief was stayed on May 11, 2016, so he could pursue an appeal to the Delaware Supreme Court with the assistance of Ms. Woloshin. On January 18, 2017, the Delaware Supreme Court denied the appeal and affirmed the judgment against Mr. Binaird on the basis of and for the reasons stated in Judge Medinilla's decisions.[4]

         The facts surrounding Mr. Binaird's crimes are not relevant to deciding his claims and need not be recited here. Based upon my review of Mr. Binaird's Motion I do not see the need for an evidentiary hearing, nor for additional briefing. The arguments made by Mr. Binaird in his Motion can be fully addressed with the factual record created by the pleadings and other information currently available in the Court's file.

         Mr. Binaird's claims for postconviction relief, quoted verbatim, are as follows:

Ground One: Ineffective [Assistance of] Counsel; failing to investing chemist Phillips.
Ground Two: Ineffective [Assistance of] Counsel; coerced to take ...

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