Rape 4th < 16(F)
Defendant's Motion for Postconviction Relief Pursuant to
Superior Court Criminal Rule 61
Kathleen A. Dickerson, Deputy Attorney General, Department of
Justice, for the State of Delaware.
A. Jobes, Pro se.
COMMISSIONER'S REPORT AND RECOMMENDATION
M. FREUD, COMMISSIONER.
defendant, Edward A. Jobes ("Jobes"), pled guilty
at Final Case Review on February 24, 2016 to one count of one
count of Rape Fourth Degree, under 16, 11 Del. C. § 770,
as a lesser included offense of Rape in the Third Degree. The
parties agreed on an open sentencing and a presentence
investigation report was ordered. On May 24, 2016 Jobes was
sentenced to a total of fifteen years incarceration suspended
after serving four years for varying levels of probation. On
July 15, 2016, Jobes filed a Motion for Modification of
Sentence. That motion was denied on July 15, 2106. Jobes did
not appeal his conviction or sentence to the Delaware Supreme
Court. Instead he filed, pro se, the instant motion
for postconviction relief pursuant to Superior Court Criminal
Rule 61 on July 18, 2016. Subsequently Jobes filed several
amendments to his motion along with a variety of other
motions all of which the Court denied.
was arrested on October 8, 2015 and charged with one count of
Rape in the Third Degree. The investigation arose after a
witness revealed to her counselor that Jobes, who was 34
years old, had engaged in sexual intercourse with the 14 year
old victim. The victim was interviewed at the Children's
Advocacy Center but she was unable to discuss what had
transpired with Jobes. Due to the passage of time between the
date of the offense and the disclosure, a SANE [Sexual
Assault Nurse Examiner] kit could not be collected from the
victim. A search warrant was executed on Jobes' house and
a computer tower, two cell phones, and photographs were
seized. Subsequently, Jobes was taken to Delaware State
Police Troop 3 for questioning. Prior to the interrogation
Detective Shawn Doherty read Jobes his Miranda rights, which
he waived. During his statement, Jobes admitted that the
victim was his second cousin and that he communicated with
her over the "KIK" which is a cell phone app. The
Affidavit of Probable cause states Jobes told the police that
he and the victim communicated through computer and cell
phone apps. After initially denying inappropriate contact,
Jobes claimed that the victim came onto him, he became
sexually aroused and consequently he engaged in sexual
intercourse with her. He described the act in great detail,
including physical positioning and the sequence of events.
Jobes stated that the sex act occurred on the couch in his
Jobes's Motion for Postconviction Relief he raises the
following grounds for relief:
Ground one: Jobes alleges Constitutional violations.
Ground two: Jobes alleges he should have been offered a
Ground three: Jobes alleges his counsel was ineffective for a
variety of reasons.
Ground four: Jobes alleges his rights were violated because
his cell ...