Robbery 1st (F) RK17-06-0307-01 PFDCF (F)
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.
Brown, Pro se.
COMMISSIONER'S REPORT AND RECOMMENDATION
M. Freud Commissioner.
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,  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. 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
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
Brown's motion, he raises the following grounds for
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 ...