IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
STATE OF DELAWARE, )
)
Plaintiff, )
v. )
)
BRUCE J. CARR, ) Cr. ID. No. 82002234DI
)
Defendant. )
)
Submitted: July 22, 2014
Decided: August 6, 2014
Upon Commissioner’s Findings of Fact and Recommendations
Upon Consideration of Defendant’s Pro Se Motion for Postconviction Relief
Recommend Summary Dismissal
ADOPTED
ORDER
This 6th day of August, 2014, the Court has considered the Commissioner’s
Findings of Fact and Recommendations, Defendant’s Motion for Postconviction
Relief, Defendant’s objections to the Commissioner’s Findings of Fact and
Recommendations, and the relevant proceedings below.
On December 26, 2013, Defendant Bruce J. Carr filed this pro se motion for
postconviction relief. The motion was referred to a Superior Court Commissioner
in accordance with 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for
proposed findings of fact and conclusions of law. The Commissioner issued the
1
Findings of Fact and Recommendations on July 10, 2014. The Commissioner
recommended that Defendant’s Motion for Postconviction Relief be denied.
“Within ten days after filing of a Commissioner’s proposed findings of fact
and recommendations . . . any party may serve and file written objections.” 1
Defendant Carr filed written objections on July 22, 2014. Upon review, the Court
finds Defendant’s conclusory objections—challenging the constitutionality of Rule
61(i)(1)—to be without merit.
The Court holds that the Commissioner’s Findings of Fact and
Recommendations dated July 10, 2014, should be adopted for the reasons set forth
therein. The Commissioner’s findings are not clearly erroneous, are not contrary
to law, and are not an abuse of discretion. 2
THEREFORE, after careful and de novo review of the record in this action,
the Court hereby adopts the Commissioner’s Findings of Fact and
Recommendations in its entirety. Defendant’s Motion for Postconviction Relief is
hereby DENIED.
IT IS SO ORDERED.
/s/ Mary M. Johnston__________
The Honorable Mary M. Johnston
1
Super. Ct. Crim. R. 62(a)(5)(ii).
2
Super. Ct. Crim. R. 62(a)(4)(iv).
2