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State v. Kane

Superior Court of Delaware

March 29, 2019

STATE OF DELAWARE,
v.
THOMAS R KANE and NATHAN McNEIL, Defendants,

          Submitted: March 13, 2019

         Upon Defendants' Motions to Recuse the Bench Denied.

          Denied. Thomas F. Kane, pro se.

          Nathan McNeil, pro se.

          Marie T. Knoll, Esquire and John Williams, Esquire, Delaware Department of Justice, Dover, Delaware; attorneys for the State.

          ORDER

          Hon. William L. Witham, Jr. Resident Judge

         INTRODUCTION

         Presently 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.

         After a 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 Court that:

         FACTUAL AND PROCEDURAL HISTORY[1]

         1. Each 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 Defendants' conviction.

         A. Roger L. Johnson

         2. 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.

         3. On 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.

         4. The Delaware Supreme Court affirmed Defendant Johnson's convictions and sentences on direct appeal.[2]

         B. Anzara M. Brown

         5. 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.

         7. 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 "CCDW").

         8. The Delaware Supreme Court affirmed Defendant Brown's convictions ...


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