Submitted: March 13, 2019
Defendants' Motions to Recuse the Bench Denied.
Denied. Thomas F. Kane, pro se.
McNeil, pro se.
T. Knoll, Esquire and John Williams, Esquire, Delaware
Department of Justice, Dover, Delaware; attorneys for the
William L. Witham, Jr. Resident Judge
before this Court are four pro se Motions for
Recusal filed by Roger L. Johnson, Anzara M. Brown, Thomas F.
Kane, and Nathan McNeil (hereinafter "Defendant" or
Defendants"). All four Defendants seek recusal of the
judges who were responsible for their respective sentences
pursuant to their interpretation of a recent Third Circuit
decision in Adams v. Governor of Delaware.
review of the Defendants' motions, the State's
response in opposition, and the Defendants' consolidated
reply brief to the State's answer, it appears to the
AND PROCEDURAL HISTORY
of the Defendants were tried and convicted in the Kent County
Superior Court between the years 2000 and 2014. The Court
will briefly summarize the circumstances for each
Roger L. Johnson
Defendant Johnson was convicted by a Kent County Superior
Court jury on May 25, 2000 of two counts of first degree
robbery, two counts of possession of a firearm during the
commission of a felony (hereinafter "PFDCF"), and
second degree conspiracy.
November 15, 2000, the Superior Court declared Defendant
Johnson a habitual offender, pursuant to Section 4214(a),
Title 11 of the Delaware Code and sentenced him to a
mandatory twenty years at Level V incarceration.
Delaware Supreme Court affirmed Defendant Johnson's
convictions and sentences on direct appeal.
Anzara M. Brown
Defendant Brown was convicted by a Kent County Superior Court
jury of various drug and weapon offenses.
6. In a
corrected sentence order of December 16, 2014, Defendant
Brown was declared a habitual offender pursuant to 11 Del
C. § 4214(b). He was sentenced to a mandatory Level
V incarceration for his Tier 4 drug dealing conviction.
Defendant Brown was also declared a habitual offender
pursuant to 11 Del. C. § 4214(a), and was sentenced to
twenty-five years Level V for possession of a deadly weapon
during the commission of a felony (hereinafter
"PDWDCF") and two years Level V incarceration for
carrying a concealed deadly weapon (hereinafter
Delaware Supreme Court affirmed Defendant Brown's