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State v. Harmon

Superior Court of Delaware, Kent

January 17, 2019

STATE OF DELAWARE
v.
DA MIER HARMON, Defendant.

          Submitted: December 31, 2018

         RK15-07-0546-01 Murder 2nd (F) RK15-07-0548-01 PFDCF (F)

          ORDER

          Jeffrey J Clark Judge

         On this 17th day of January 2019, upon consideration of Da Mier Harmon's ("Mr. Harmon's") Motion for Postconviction Relief, the Commissioner's Report and Recommendation, and the record in this case, it appears that:

         1. Mr. Harmon pled guilty the day his trial was set to begin on November 29, 2016 to one count of Murder in the Second Degree, as a lesser included offense of Murder in the First Degree, and one count of Possession of a Firearm During the Commission of a Felony. In exchange for his plea, the State entered nolle prosequis on the remaining counts including one count of Robbery in the First Degree, one count of Possession of a Firearm by a Person Prohibited, and one additional count of Possession of a Firearm During the Commission of a Felony.

         2. As part of the plea agreement, the State recommended a maximum sentence of thirty years incarceration. Mr. Harmon faced mandatory life in prison had he been convicted of the lead charge of First Degree Murder. The Court ordered a presentence investigation, and the defense presented mitigating evidence. At the sentencing on February 28, 2017, Mr. Harmon again admitted his complicity in the murder and asked for forgiveness from the victim's family. The Court agreed with the State's recommendation and sentenced Mr. Harmon to a total of fifty years incarceration suspended after thirty years, for probation.

         3. Mr. Harmon did not appeal his conviction or sentence to the Delaware Supreme Court. Rather, he filed, pro se, the pending motion for postconviction relief pursuant to Superior Court Criminal Rule 61 alleging ineffective assistance of counsel. He also requested the appointment of counsel. This Court denied that request pursuant to Superior Court Criminal Rule 61(e)(2).[1]

         4. Next, Mr. Harmon filed a writ of Mandamus with the Delaware Supreme Court concerning this Court's denial of his request for appointment of counsel. The Supreme Court denied the writ on February 13, 2018[2] and the matter was set for briefing on the pending postconviction motion.

         5. On October 12, 2018, the Commissioner filed her Report and Recommendation to deny Mr. Harmon's Rule 61 Motion. Mr. Harmon filed no exceptions to the Report and Recommendation.

         NOW, THEREFORE, after a de novo review of the record in this matter, and for the reasons stated in the Commissioner's Report and Recommendation dated October 12, 2018;

         IT IS HEREBY ORDERED that the Commissioner's Report and Recommendation attached as Exhibit "A", is hereby adopted by the Court in its entirety. Accordingly, Mr. Harmon's Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61 is DENIED.

         Exhibit A

         COMMISSIONER'S REPORT AND RECOMMENDATION

         Upon Defendant's Motion for Postconviction Relief Pursuant to Superior Court Criminal Rule 61

         Stephen R. Welch, Jr., Esquire, Deputy Attorney General, Department of Justice, for the State of Delaware.

         Damier Harmon, Pro se.

         FREUD, ...


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