Submitted: August 16, 2019
Annemarie Puit, Esquire, Deputy Attorney General, Department
of Justice, Wilmington, Delaware, Attorney for the State.
J. Carr, James T. Vaughn Correctional Center, Smyrna,
Delaware, pro se.
COMMISSIONER'S REPORT AND RECOMMENDATION THAT
DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF SHOULD BE
Commissioner Lynne M. Parker
4th day of November 2019, upon consideration of
Defendant's Motion for Postconviction Relief, it appears
to the Court that:
AND PROCEDURAL HISTORY
1982, Defendant Bruce J. Carr was convicted of kidnapping,
conspiracy, rape and attempted rape, and was sentenced to six
consecutive life terms plus forty years.
Delaware Supreme Court affirmed Carr's conviction and
sentence on direct appeal.
Thereafter, Carr filed many unsuccessful petitions seeking to
overturn his conviction and sentence. This is Carr's
eleventh Rule 61 motion for postconviction
one of his unsuccessful post trial petitions, Carr admitted
his guilt to the charges for which he was
August 8, 2019, Carr filed the subject Rule 61 motion. In the
subject motion, Carr claims that he only recently became
aware that a plea offer was offered to him as well as his
co-defendant. His co-defendant accepted the plea offer and
was sentenced to two consecutive life sentences. Carr now
contends that if he was aware that the plea offer had also
been offered to him, he would also have accepted it.
Carr's co-defendant accepted a plea offer on June 14,
1982. His co-defendant pled guilty to two counts of rape in
the first degree and was sentenced to two consecutive terms
of life imprisonment.
and his co-defendant were jointly indicted on all the same
charges. Carr was aware at the time of his trial in 1982 that
his co-defendant had accepted a plea offer. In fact, Carr
filed a motion in 1982, after he was convicted at trial,
seeking an acquittal due to the alleged prejudice caused by a
newspaper article reporting on his co-defendant's guilty
There was no question that Carr knew that his co-defendant
accepted a plea in 1982, prior to his trial, to two counts of
rape in the first degree and was sentenced to two consecutive
terms of life imprisonment given his 1982 post-trial motion
acknowledging such plea and sentence. There is also no
question that prior to his trial, Carr refused to admit his
guilt and refused to accept a plea given his contemporaneous
letter to the court dated ...