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State v. Hester

Superior Court of Delaware

December 20, 2018

STATE OF DELAWARE,
v.
CORNELL L. HESTER, Defendant.

          Submitted: September 26, 2018[1]

         Cr. A. Nos. PN10-02-0128, etc.

          Mr. Cornell L. Hester, pro se, SBI 591963

          Joseph S. Grubb, Deputy Attorney General

          Phyllis R. Scully, Deputy Attorney General

          Todd E. Conner, Esquire

          Dawn M. Williams, Esquire

          Gregory E. Smith, Deputy Attorney General

          ORDER DENYING DEFENDANT'S REQUEST FOR A CERTIFICATE OF ELIGIBILITY TO FILE UNDER 11 DEL. C. § 4214(F) AND DEL. SUPER. CT. SPEC. R. 2017-L(D)

          ABIGUAIL M. LEGROW, JUDGE.

         This 20 day of December, 2018, upon consideration of Defendant Cornell L. Hester's Request for a Certificate of Eligibility, [2] the Attorney General's response thereto, [3] the parties' supplemental submissions, [4] and the record in this matter, it appears to the Court that:

         A. Factual and Procedural Background

         1. On February 1, 2010, a New Castle County grand jury indicted Hester for one count of Burglary in the First Degree, one count of Aggravated Menacing, one count of Offensive Touching, one count of Harassment, two counts of Criminal Mischief, one count of Unlawful Imprisonment in the Second Degree, and one count of Malicious Interference with Emergency Communications.[5]

         2. The Delaware Supreme Court previously has described the episode from which these multiple offenses arose as follows:

On December 16, 2009, Valerie Wilkins was home alone. At about 8:00 p.m., she heard a knock at the door and found Hester, her ex-boyfriend, on her doorstep. Hester asked her to open the door. Wilkins told Hester that if he did not leave, she would call the police. Wilkins then called her mother and told her that Hester was at the door. As she retreated upstairs, Hester kicked in the front door and chased her. Wilkins attempted to hide in her daughter's room. Hester broke through the bedroom door and grabbed Wilkins by the shirt, demanding her mobile phone, which she had dropped as she was fleeing upstairs. Hester took Wilkins room to room with him in search of the mobile phone, which was ringing. After finding the phone on the stairs, Wilkins pleaded with Hester to leave because her children would be returning home from church soon. Hester eventually allowed Wilkins to answer her mobile phone and speak with her daughter. Wilkins' mother and step-father arrived at her house a short while later along with Wilkins' three children. Hester fled.[6]

         3. At the time he committed these crimes, Hester had at least three prior felony convictions and is ...


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