Submitted: April 15, 2018
Augusthy, Esquire, Deputy Attorney General, Delaware
Department of Justice, Attorney for the State.
Anthony A. Figliola, Jr., Esq., Greto Law, Attorney for the
COMMISSIONER'S REPORT AND RECOMMENDATION ON
DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF
BRADLEY V. MANNING COMMISSIONER.
27th day of July 2018, upon consideration of
defendant Joel R. Stevenson's Motion for Postconviction
Relief, I find and recommend the following:
and Procedural History
Stevenson was convicted in the Superior Court after a
bifurcated jury trial of Unlawful Sexual Contact First
Degree, Unlawful Sexual Contact Second Degree, and two counts
of Sex Offender Unlawful Sexual Contact with a Child. On
appeal, Mr. Stevenson's convictions were affirmed by the
Delaware Supreme Court on October 11, 2016. I hereby adopt
and incorporate by reference the facts as stated in the
Delaware Supreme Court's opinion affirming the
convictions, and will thus not repeat them
October 6, 2017, Mr. Stevenson filed the instant Motion
pursuant to Superior Court Criminal Rule 61. The Motion was
subsequently referred to the undersigned commissioner and a
briefing schedule was issued. Trial counsel filed an
Affidavit responding to the claims made by Mr. Stevenson on
January 8, 2018. The State filed its Response on March 27,
2018. After review of the various pleadings, I deemed it
unnecessary to hold an evidentiary hearing based on the
nature of Mr. Stevenson's allegations.
Stevenson's claims for postconviction relief, quoted
verbatim, are as follows:
Ground One: Ineffective Assistance of Counsel.
Supporting facts: Trial counsel['s] failure to adequately
redact alleged victims 3507 statement.
Ground Two: Ineffective Assistance of Counsel on
Supporting Facts: Appellate Counsel failed to produce
transcript of 3507 Statement/Supreme Court dismissed