State v. Gibbs

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE, ) ) Respondent/Plaintiff, ) ) ) v ) Cr. ID. No. 0911008893 ) ) ) MYRON GIBBS, ) ) Petitioner/Defendant. ) Submitted: November 21 , 2017 Decided: February 28, 2018 COMMISSIONER’S REPORT AND RECOMMENDATION ON DEFENDANT’S THIRD MOTION FOR POSTCONVICTION RELIEF Myron Gibbs, JTV, 1181 Paddock Road, Smyrna, DE 19977. Petitioner, pro se. MANNING, Commissioner: This 28th day of February, 2017, upon consideration of petitioner Myron Gibbs’ motion for postconviction relief (hereinafter the “Motion”), l find and recommend the following: Facts and Procedural Historv Following a jury trial, Gibbs Was convicted of Rape in the Second Degree, Rape in the Fourth Degree and Offensive Touching on July 7, 2010. Gibbs Was acquitted of Kidnapping in the Second Degree. Gibbs Was sentenced to, in total, 20 years at Level V suspended after 15 years for six months at Level IV followed by probation. Gibbs subsequently filed a direct appeal to the Delaware Supreme Court that Was denied on August 3, 2011.l On July 27, 2012, Gibbs filed a motion for extension of time to file a motion for postconviction relief pursuant to Superior Ct. Crim. Rule 61 .2 Gibb’s motion for an extension of time Was denied by Judge William C. Carpenter Jr. on August 21, 2012.3 On November 13, 2012, Gibbs filed a motion for appointment of counsel to assist him in filing his motion for postconviction relief; this motion Was also denied as the time limit to file a motion for postconviction relief under Rule 61 had passed. On December l 1, 2012, Gibbs filed a motion for postconviction relief; however, this 1 Gibbs v. Stal‘e, 2011 WL 3427211 (Del. August 3, 2011). 2 D.I. #52 3 D.I. #53 motion Was rejected by the Court as non-conforming4 On January 4, 2013, Gibbs filed a motion to amend his motion for postconviction relief. On January 22, 2013, Gibbs’ motions Were referred to Commissioner Michael P. Reynolds.5 FolloWing an exchange of letters between Gibbs and the Court, Commissioner Reynolds ordered that counsel be appointed to represent Gibbs pursuant to the recent Delavvare Supreme Court decision in Holmes v. State.6 On June 2, 2014, With the assistance of counsel, Gibbs’ filed a complying motion for postconviction relief.7 Following briefing by all parties, Commissioner Lynne M. Parker filed her Report and Recommendation stating that Gibbs’ motion should be denied.8 After a de novo revieW, Judge Carpenter adopted Commissioner Parl