Submitted: November 17, 2017
Consideration of Defendant's Motion for Postconviction
Grubb, Esq., Department of Justice, Wilmington, Delaware.
Attorney for the State.
Folks, Pro se.
M. DAVIS, JUDGE
a criminal case after conviction. Defendant Joseph Folks
(aka Mr. Joe Louis Folks Jr.-Bey) filed his seventh
Motion for Postconviction Relief (the "Seventh
Motion") on November 17, 2017. Through the Seventh
Motion, Mr. Folks seeks postconviction relief under Superior
Court Criminal Rule 61 ("Criminal Rule 61") as to
his trial from 1993 and the subsequent appeal. The Seventh
Motion makes substantially similar agreements for
postconviction relief under Rule 61 that were made in Mr.
Folks' previous Rule 61 motions.
considering the Seventh Motion and the entire record of this
criminal case, the Court will SUMMARILY
DISMISS the Seventh Motion.
Mr. Folks' conviction, Mr. Folks has filed six (6)
motions for postconviction relief under Criminal Rule 61.
Folks filed his fifth motion for postconviction relief (the
"Fifth Motion") on December 19, 2012. In response
to the Fifth Motion, a Superior Court Commissioner prepared a
Commissioner's Report and Recommendation (the
"Report"). The Report recommended denial of the
Fifth Motion. The Report also determined that Mr. Folks was
abusing the Criminal Rule 61 procedure. As such, the Report
recommended that the Court no longer accept Criminal Rule 61
motions from Mr. Folks unless approved by the Court prior to
Mr. Folks filing the motion (the "Requirement"). On
February 1, 2013, the Court adopted the Report and denied the
March 25, 2013, Mr. Folks filed his sixth motion for
postconviction relief (the "Sixth Motion"). In the
Sixth Motion, Mr. Folks claimed that a recent Delaware
Supreme Court case created a new constitutional right. The
Court rejected Mr. Folks' argument. The Court also denied
the Sixth Motion because Mr. Folks violated the Requirement
as Mr. Folks failed to obtain the Court's permission
before filing the Sixth Motion.
November 14, 2014, Mr. Folks filed a letter with the Court.
In that letter, Mr. Folks argued that the Court lacked
jurisdiction over Mr. Folks and his conduct. In a letter
dated January 12, 2015, the Court responded to Mr. Folks'
argument, denying the request based on recent Delaware
Supreme Court case which held that, in cases similar to Mr.
Folks' case, the Court did have jurisdiction. Further,
the Court reiterated that "you have abused your right to
file post-conviction motions and no further motions will be
docketed without first being reviewed by the
November 17, 2017, Mr. Folks filed the Seventh Motion. In the
Seventh Motion, Mr. Folks claims relate to pre-trial counsel,
trial counsel, prosecutorial misconduct during trial, abuse
of judicial discretion before trial, and due process
violations during trial. Prior to filing the Seventh Motion,
Mr. Folks failed to abide by the Requirement's