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State v. Spady

Superior Court of Delaware, Kent

May 30, 2019

STATE OF DELAWARE
v.
MARVIN D. SPADY, Defendant.

          Submitted: May 6, 2019

          RK14-05-0586-01 Drug Dealing (F)

          ORDER

          Jeffirev J Clark, Judge.

         On this 30th day of May 2019, upon consideration of Marvin Spady's ("Mr. Spady's") Motion for Postconviction Relief, the Commissioner's Report and Recommendation, and the record in this case, it appears that:

1.Mr. Spady pled no contest on January 6, 2016, to one count of Drug Dealing, 16 Del. C. § 4753(2). He faced three additional counts of Drug Dealing, two counts of Conspiracy Second Degree, one count of Possession of Marijuana, and one count of Possession of Drug Paraphernalia. Mr. Spady faced the possibility of life in prison as an habitual offender had he gone to trial and been found guilty on all counts. The State entered Nolleprosequis on the additional charges in exchange for Mr. Spady's plea.
2. On January 6, 2016, the Court sentenced Mr. Spady to eight years incarceration at Level V, suspended after three years at Level V incarceration, effective May 16, 2014, followed by one year supervision at Level III.
3. Mr. Spady did not appeal his conviction or sentence to the Delaware Supreme Court. Instead, on July 26, 2016, he filed a pro se Motion for Postconviction Relief pursuant to Rule 61 alleging, in part, ineffective assistance of counsel.
4. A briefing schedule was established and Mr. Spady's former counsel and the State filed their responses. Mr. Spady filed replies to the former counsel's affidavit as well as the State's response. While the matter was in briefing, Mr. Spady was released from incarceration and began serving the probationary portion of his sentence. Mr. Spady was later found in violation of his probation three times. While the various violation of probation hearings were pending, the Commissioner stayed Mr. Spady's motion for postconviction relief. On October 24, 2018, at his final violation of probation hearing, Mr. Spady was discharged from his probation and the postconviction motion was processed for decision by the Court staff.
5. On November 28, 2018, the Commissioner filed her Report and Recommendation to deny Mr. Spady's Rule 61 Motion. He 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 November 28, 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. Spady'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

         November 28, 2018

         Gregory R. Babowal, Esq., Deputy Attorney General, Department of Justice, for the State of Delaware.

         Marvin D. Spady, Pro se.

          Andrea M. Freud, Commissioner.

         The defendant, Marvin D. Spady ("Spady"), pled no contest on January 6, 2016, to one count of Drug Dealing, 16 Del. C. § 4753(2). He was also facing three additional counts of Drug Dealing, two counts of Conspiracy Second Degree, one count of Possession of Marijuana, and one count of Possession of Drug Paraphernalia. Spady faced the possibility of life in prison as an habitual offender had he gone to trial and been found guilty of all the counts against him. Nolle prosequis were entered by the State on the additional charges in exchange for Spady's plea. On January 6, 2016, the Court sentenced Spady to eight years incarceration at Level V, suspended after three years at Level V incarceration effective May 16, 2014, followed by one year supervision at Level III. Spady did not appeal his ...


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