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State v. Folks

Superior Court of Delaware

December 29, 2017

STATE OF DELAWARE
v.
JOSEPH FOLKS, Defendant.

          Date Submitted: November 17, 2017

         Upon Consideration of Defendant's Motion for Postconviction Relief DENIED

          Joseph Grubb, Esq., Department of Justice, Wilmington, Delaware. Attorney for the State.

          Joseph Folks, Pro se.

          ERIC M. DAVIS, JUDGE

         I. INTRODUCTION

         This is 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.

         After considering the Seventh Motion and the entire record of this criminal case, the Court will SUMMARILY DISMISS the Seventh Motion.

         II. BACKGROUND

         Since Mr. Folks' conviction, Mr. Folks has filed six (6) motions for postconviction relief under Criminal Rule 61.

         Mr. 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 Fifth Motion.

         On 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.

         On 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 Court."[1]

         On 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.[2] Prior to filing the Seventh Motion, Mr. Folks failed to abide by the Requirement's procedures.

         III. ...


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