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State v. Stevenson

Superior Court of Delaware

July 27, 2018

STATE OF DELAWARE, Plaintiff,
v.
JOEL R. STEVENSON Defendant.

          Date Submitted: April 15, 2018

          Sonia Augusthy, Esquire, Deputy Attorney General, Delaware Department of Justice, Attorney for the State.

          Anthony A. Figliola, Jr., Esq., Greto Law, Attorney for the Defendant.

          COMMISSIONER'S REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF

          BRADLEY V. MANNING COMMISSIONER.

         This 27th day of July 2018, upon consideration of defendant Joel R. Stevenson's Motion for Postconviction Relief, I find and recommend the following:

         Facts and Procedural History

         Mr. 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 here.[1]

         On 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.

         Mr. Stevenson's claims for postconviction relief, quoted verbatim, are as follows:[2]

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 Appeal.
Supporting Facts: Appellate Counsel failed to produce transcript of 3507 Statement/Supreme Court dismissed argument.

         Legal ...


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