Submitted: August 15, 2019
L. Hrivnak, Deputy Attorney General, Department of Justice,
Wilmington, Delaware, Attorney for the State.
L. Williams, Sussex Correctional Institution, Georgetown,
Delaware, pro se.
COMMISSIONER'S REPORT AND RECOMMENDATION THAT
DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF SHOULD BE
SUMMARILY DISMISSED AND MOTION FOR THE APPOINTMENT OF COUNSEL
SHOULD BE DENIED.
M. Parker Commissioner
8th day of November 2019, upon consideration of
Defendant's Motion for Postconviction Relief, it appears
to the Court that:
AND PROCEDURAL HISTORY
2006, Defendant Melvin L. Williams was found guilty by a
Superior Court jury of Murder in the First Degree and related
weapons offenses. These charges stemmed from the death of a
man who was shot in the head four times at close range. The
Superior Court sentenced Williams to life imprisonment and a
term of years followed by probation.
Delaware Supreme Court affirmed Williams' conviction and
sentence on direct appeal.
March 25, 2008, while represented by counsel, Williams filed
a Rule 61 motion for postconviction relief alleging
ineffective assistance of counsel and insufficiency of
evidence claims. After consideration of the motion, an
affidavit filed by Williams' trial counsel, and the
State's response, the Superior Court denied the motion on
May 28, 2009. The Delaware Supreme Court affirmed the
denial of Williams' first Rule 61 postconviction relief
motion on December 2, 2009.
Williams filed a federal petition for habeas corpus raising
"actual innocence" and ineffective assistance of
counsel claims. On May 15, 2013, the federal court denied
Williams' habeas petition.
January 2014, Williams filed a second Rule 61 motion for
postconviction relief and a motion for the appointment of
counsel. By Order dated February 4, 2014, the Superior Court
summarily dismissed the postconviction motion and denied the
appointment of counsel. On May 12, 2014, the Delaware Supreme
Court affirmed the denial of the second Rule 61 motion and
the denial of the appointment of counsel.
August 5, 2019, Williams filed the subject Rule 61 motion. In
the subject motion, Williams raises four claims.
Specifically, Williams claims:
(1) that he learned that his trial counsel was disbarred for
a mental disability and "who says he was not going
through this disability when he represented me";
(2) that "a man came forward and wrote to the courts
that he was the person who committed ...