IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
STATE OF DELAWARE, )
)
Plaintiff, )
v. ) Cr. ID. No. 9902004516
)
KLEON T. PULLER, ) IN99-04-0580R1
) IN99-04-0581R1
Defendant. ) IN99-04-0582R1
)
Submitted: July 11, 2014
Decided: August 21, 2014
Upon Commissioner’s Report and Recommendation that Defendant’s Motion for
Postconviction Relief Recommend Denial and Conflict Counsel’s Motion to
Withdraw Denied as Moot
ADOPTED
ORDER
This 21th day of August, 2014, the Court has considered the
Commissioner’s Report and Recommendation.
On January 5, 2012, Defendant Kleon T. Puller filed a pro se motion for
postconviction relief. This motion, and the subsequent motions, were 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.
1
Almost immediately after filing the motion for postconviction relief,
Defendant filed a motion to stay the proceedings, which was granted on January
31, 2012. Defendant filed a motion to amend, which was granted on August 9,
2012, the same day the Stay was lifted. Assistant Public Defender Robert M Goff,
Jr., Esquire, filed an affidavit of trial counsel on September 19, 2012, in response
to the claims of Ineffective Assistance of Counsel. The State filed its response on
October 26, 2012. Defendant was granted an enlargement of time to file his reply
brief. On May 5, 2013, Defendant filed another Motion to Stay and for
Appointment of Counsel. The Motion to Appoint Counsel was granted on July 11,
2013 and the briefing schedule was vacated. Subsequently, Defendant was
assigned counsel. On October 1, 2013, assigned counsel filed a Motion to
Withdraw as Postconviction Counsel pursuant to Superior Court Criminal Rule
61(e)(2). The Court notes the lengthy procedural history and finds that the
Commissioner’s actions are not an abuse of discretion.
The Commissioner issued the Report and Recommendation on July 8, 2014.
The Commissioner recommended that Defendant’s Motion for Postconviction
Relief be denied, and that Counsel’s Motion to Withdraw should be denied as
moot. “Within ten days after filing of a Commissioner’s proposed findings of fact
and recommendations . . . any party may serve and file written objections.” 1
1
Super. Ct. Crim. R. 62(a)(5)(ii).
2
Defendant filed objections to the Commissioner’s Report and Recommendation on
July 10, 2014. Upon review, the Court finds Defendant’s objections to be without
merit.
The Court holds that the Commissioner’s Report and Recommendation
dated July 8, 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, the Court hereby accepts the Commissioner’s Report and
Recommendation in its entirety.
IT IS SO ORDERED.
/s/__Mary M. Johnston____ ____
The Honorable Mary M. Johnston
2
Super. Ct. Crim. R. 62(a)(4)(iv).
3