Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Hicks

Superior Court of Delaware, Kent

August 29, 2017

STATE OF DELAWARE
v.
OLIVER HICKS, Defendant.

         RK14-06-0363-01 Sex Solic. Child (F)

         Upon Defendant's Motion for Postconviction Relief Pursuant to Superior Court Criminal Rule 61

          Lindsay A. Taylor, Esquire, Deputy Attorney General, Department of Justice, for the State of Delaware.

          Oliver Hicks, Pro se

          COMMISSIONER'S REPORT AND RECOMMENDATION

          Andrea M. Freud, Commissioner

         The defendant, Oliver Hicks ("Hicks"), pled guilty on September 3, 2014 to one count of Sexual Solicitation of a Child, 11 Del. C. § 1112a. He also faced one count of Offensive Touching which was nolle prossed by the State in exchange for Hicks' plea. A presentence office investigation was ordered and on October 31, 2014, the Court sentenced Hicks to fifteen years' incarceration, suspended after four years for varying levels of probation. Next, Hicks filed a motion for modification of sentence which was denied May 11, 2015. Hicks filed a second motion for modification of sentence which was denied October 12, 2015. That month Hicks filed the pending motion for postconviction relief pursuant to Superior Court Criminal Rule 61 in which he alleges Ineffective Assistance of counsel. Thereafter Hicks filed two motions for clarification of sentence. On April 22, 2016 Hicks filed a supporting memorandum for his motion for postconviction relief. Hicks' transmittal note for the memorandum included a request".. .for a lawyer to help me with this case because I do not know about the law so it would help me. You could apoint (sic) me a lawyer in this matter." The request is not a properly filed motion and does not meet the criteria for appointment of counsel pursuant to Superior Court Criminal Rule 61(e).

         FACTS

         The charges stemmed from a "large fight" that Dover Police responded to in Dover, Delaware. On June 6, 2014, Hicks solicited a child, fourteen year-old Kyrisha Dunbar, to engage in a prohibited sexual act by offering to let the child drive his vehicle in exchange for sex. When the juvenile refused sex with Hicks, he asked the juvenile, "Do you give head?" The juvenile video recorded the encounter on her cell phone, then went home and told her family members about the incident. When the family members confronted Hicks, he grabbed the child by her neck, intentionally impeding breathing and circulation, which is when the fight broke out. Hicks was arrested and held for several hours due to his intoxicated state.

         HICKS' CONTENTIONS

         In his motion, Hicks raises the following grounds for relief:

Ground one: Extraordinary circumstances. I told my lawyer that I was extremely drunk when the event happen (sic). Intoxication should have been a defecnse (sic).
Ground two: Ineffective assistance of counsel.
Conflict of Interest -1 directed the lawyer in how I wanted to handle my case: I was not informed by my lawyer what defenses would be to the criminal charges.
Ground three: Reasonably effective assistance of counsel. Strickland v. Washington,466 U.S. 668, 104 S.Ct. 2052, 2052, 2064, 80 L.Ed.2d 674 (2984) bearing to mind that, "Because of the difficulties inherent in making the evaluation, (falls within to range of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.