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State v. Brown

Superior Court of Delaware, Kent

October 3, 2019

STATE OF DELAWARE,
v.
JUDEAU BROWN, Defendant.

         RK17-06-0304-01 Robbery 1st (F) RK17-06-0307-01 PFDCF (F)

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

          Stephen E. Smith, Esquire, Deputy Attorney General, Department of Justice, for the State of Delaware.

          Judeau Brown, Pro se.

          COMMISSIONER'S REPORT AND RECOMMENDATION

          Andrea M. Freud Commissioner.

         The defendant, Judeau Brown ("Brown"), pled guilty on May 7, 2018 on the day his matter was set for trial to one count of Possession of a Firearm During the Commission of a Felony ("PFDCF"), 11 Del. C. § 1447 A and one count of Robbery in the First Degree, 11 Del. C. § 832. He also faced one additional count of Robbery in the First Degree, one count of Attempted Robbery in the First Degree, one count of Assault in the First Degree, one count of Home Invasion and one count of Conspiracy in the Second Degree which were nolle prossed by the State in exchange for Brown's plea. As part of the plea deal the State and the defense agreed to recommend a sentence of twenty-eight years incarceration, suspended after serving seven years, six of which were minimum mandatory, followed by probation. The Court agreed with the sentence recommendation and sentenced Brown accordingly. Had Brown gone to trial and been found guilty as charged he faced substantial time in prison. Brown did not appeal his conviction or sentence to the State Supreme Court. Instead, Brown filed a Motion for Reduction of Sentence, pro se, on August 2, 2018, which this Court denied on August 20, 2018, [1] Next Brown filed the pending Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61 and an accompanying Memorandum of Law on April 15, 2019, in which he alleges, in part, ineffective assistance of counsel. Brown also requested the appointment of counsel which the Court denied on April 25, 2019.[2] On May 6, 2019 Brown filed a Motion for an Evidentiary Hearing. A decision on which was deferred until after briefing was completed. For the reasons set forth below I find Brown's motion meritless and consequently deny his Motion for Evidentiary Hearing.

         FACTS

         The charges in this case stem from an April 17, 2017 home invasion and robbery. Brown and his co-defendant Quadaire N. Sadler ("Sadler") entered victim Matthew Newman's ("Newman") apartment on the premise they were there to purchase illegal drugs. Once in the home, Brown and Sadler began to pistol whip Newman with their handguns and stole his watch and marijuana. Newman's girlfriend, victim Simone Danzey ("Danzey") heard the commotion and a black male she later identified as Brown entered the bedroom with a hand gun and demanded money. Danzey fled from the residence through a window. Eventually Newman, Brown and Sadler exchanged gunfire. When the police arrived following a complaint concerning gunfire they found both Newman and Sadler with gunshot wounds. Brown was driven to Christiana Hospital with gunshot wounds by co-defendant Doh W. Doe ("Doe") who had driven Brown and Sadler to the robbery scene. The police apprehended Brown once he was released from the hospital. Brown was identified by Danzey and marijuana and blood were located in the getaway car.

         BROWN'S CONTENTIONS

         In Brown's motion, he raises the following grounds for relief:

Ground one: Ineffectiveness of Counsel.
1. Counsel revealed confidential information to the prosecutor about the defendant's testimony during trial.
2. Failed to interview witnesses.
3. Failed to file motion for reduction of sentence.
Ground two: Unfulfilled Plea Agreement.
1. The state never provided protection of defendant's residence during the defendant's ...

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