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State v. Rasin

Superior Court of Delaware

September 21, 2018

STATE OF DELAWARE
v.
KEVIN RASIN, Defendant

          Submitted: August 13, 2018

         On Defendant's Second Motion for Postconviction Relief. SUMMARILY DISMISSED.

         On Defendant's Motion for Appointment of Counsel. DENIED.

          Maria T. Knoll, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.

          Kevin Rasin, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se.

          ORDER

          Richard R. Cooch, R.J.

         This 21st day of September, 2018, upon consideration of Defendant's Second Motion for Postconviction Relief, it appears to the Court that:

1. On March 13, 2012 a jury found Kevin Rasin ("Defendant") guilty of Gang Participation, Murder First Degree, Attempted Murder Frist Degree, two counts of Conspiracy Second Degree, two counts of Possession of a Firearm by a Person Prohibited, and Possession of a Firearm During the Commission of a Felony.[1] The Supreme Court of Delaware affirmed Defendant's conviction on direct appeal on September 25, 2013[2]
2. Defendant filed his first Motion for Postconviction Relief pro se on September 18, 2014.[3] This Court ordered that counsel be appointed to represent Defendant.[4] Defendant's appointed counsel filed an amended motion for postconviction relief on October 31, 2016.[5] This Court denied Defendant's amended first motion for postconviction relief on November 17, 2017.[6] The Supreme Court of Delaware affirmed the denial of Defendant's amended first motion for postconviction relief on May 23, 2018.[7]
4. Defendant filed a pro se Second Motion for Postconviction Relief on August 13, 2018. In his Second Motion, Defendant raises eight (8) grounds for relief:
1. Ineffective Assistance of [Post Conviction] Counsel. During post conviction appeal proceeding, post conviction [counsel] failed to raise the claim that Juror #11 failed to acknowledge that she and a family member were victims of murder. [Counsel] raised said claim before the Delaware Superior Court. However he failed to argue this claim in the post conviction appeal thus failing to preserve this claim for future proceedings. Failure to preserve said issue amounted to Ineffective Assistance of Counsel.
2. Ineffective Assistance of Post Conviction Counsel. During post conviction proceedings [Counsel] failed to raise the claim of Constructive Denial of Counsel. [Counsel] raised said claim before the Delaware Superior Court. However he failed to argue this claim in the post conviction appeal. Thus failing to preserve this claim for future proceedings. Failure to preserve said issue amounts to Ineffective Assistance of Post Conviction Counsel.
3. Ineffective Assistance of [Post Conviction] Counsel. During post conviction proceedings [Counsel] failed to raise the claim of Ineffective Assistance of Counsel for the false representation of a report supposedly filed by the analyst that performed the DNA test.... [Counsel] raised said claim before the Delaware Superior Court. However he failed to argue this claim in the post conviction appeal. Thus failing to preserve this claim for future proceedings. Failure to preserve said issue amounts to Ineffective Assistance of Counsel.
4. Ineffective Assistance of [Post Conviction] Counsel. During post conviction proceedings [Counsel] failed to raise the claim of Ineffective Assistance of Counsel for trial counsel's failure to object to the state's use of co-defendants plea agreements. [Counsel] raised said claim before the Delaware Superior Court. However he failed to argue this claim in the post conviction appeal. Thus failing to preserve this ...

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