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State v. Taylor

Superior Court of Delaware

October 23, 2017

STATE OF DELAWARE
v.
MARC TAYLOR, Defendant

          Submitted: July 25, 2017

         On Defendant's Motion for Postconviction Relief. SUMMARILY DISMISSED.

          John W. Downs, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.

          Elizabeth R. McFarlan, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.

          Marc Taylor, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se.

          ORDER

          COOCH, R.J.

         This 23rd day of October, 2017, upon consideration of Defendant's Motion for Postconviction Relief, it appears to the Court that:

1. On March 16, 2012, after a 24-day gang-participation trial, Marc Taylor ("Defendant") was found guilty of Gang Participation; Possession with Intent to Deliver a Narcotic Schedule II Controlled Substance; Noncompliance with Bond Conditions; two counts of Possession of a Firearm by a Person Prohibited; Assault Second Degree; and Possession of a Firearm During the Commission of a Felony. On May 23, 2012, this Court sentenced Defendant to fifteen-and-a-half years of unsuspended imprisonment, followed by probation.[1]
2. On May 31, 2012, Defendant, through prior counsel, filed a Notice of Appeal with the Delaware Supreme Court. On September 25, Defendant's conviction was upheld.[2] Defendant then filed a pro se Motion for Postconviction Relief on November 13, 2013. This Court appointed counsel on January 9, 2014. Appointed counsel, after reviewing Defendant's claims and the record, ultimately filed a Motion to Withdraw as Counsel for Petitioner, asserting essentially that Defendant's Motion lacked merit.[3]
3. In his Motion for Postconviction Relief, Defendant asserted four grounds for relief. First, he argued multiple claims of ineffective assistance of counsel. Second, Defendant claimed that witnesses "lied" in exchange for immunity with the State and that other witnesses committed perjury in their testimony against him. Third, he asserted that the State failed to meet its burden of proof in making a case against him for the Gang Participation charge. Fourth and finally, Defendant claimed that appellate counsel, who was different from his trial counsel, was ineffective. On December 17, 2015, this Court denied Defendant's Motion for Postconviction Relief and granted defense counsel's Motion to Withdraw as Counsel for Petitioner.[4] The Supreme Court of Delaware affirmed this Court's denial of Defendant's Motion on October 10, 2016.[5]
4. Defendant filed a second Motion for Postconviction Relief on July 19, 2017. In this Motion for Postconviction Relief, Defendant raises three grounds for relief. They are set forth in toto:
[Ground One:] My 6th Amendment right was violated to effective assistance [sic] of counsel. By granting me representation that I have a conflict of interest with, due to him representing someone (state's witness) in my case that testified on me at trial.
[Ground Two:] Suppression of favorable evidence. Due to a docket [sic] item that was sealed and never presented during trial violates the due process by it (Item) could've been valuable evidence to prove my innocence. (still have no clue what it is)
[Ground Three:] Subpoena Witnesses. If the state would've allowed the Gang Expert to testify, it would've gave the jury a full understanding of a gang. Also if the expert witness (Arthur Young) that tested the firearm would've been subpoenaed he could've explained how his testimony had different results from ...

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