Submitted: December 31, 2018
Murder 2nd (F) RK15-07-0548-01 PFDCF (F)
Jeffrey J Clark Judge
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:
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.
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.
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).
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 and the matter was set for
briefing on the pending postconviction motion.
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.
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
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.
REPORT AND RECOMMENDATION
Defendant's Motion for Postconviction Relief Pursuant to
Superior Court Criminal Rule 61
R. Welch, Jr., Esquire, Deputy Attorney General, Department
of Justice, for the State of Delaware.
Harmon, Pro se.